S. Chinnavasarayappa, v. The State Of A.P.,

SMT JUSTI CE T. RAJANI CRI MI NAL PETI TI ON No.2 4 7 4 of 2 0 1 1 ORDER:

This petition is filed seeking for quash of the proceedings in Crime No.25 of 2011 of Panjani Police Station, Chittoor District. 2.

Heard the counsel for the petitioners and the Public Prosecutor, who took notice for the 1st respondent. The 2nd respondent has not appeared in spite of issuance of notice. 3.

The counsel for the petitioners submits that the allegations as per the complaint are that when the 2nd respondent tried to intervene in the dispute, the accused abused him in caste name. The allegations, as such, cannot be said to be false.

The truth or otherwise of the allegations have to be culled out only at the time of trial. However, considering that there is long delay from the date of offence till the date of filing report, the request of the counsel for the petitioners to protect the accused from arrest need to be considered and a direction to the police not to arrest the petitioners unless it is very necessary for the investigation, is hereby made.

4.

With the above observations, the Criminal Petition is disposed of. Interim stay granted earlier, if any, shall stand vacated. As a sequel, the miscellaneous applications, if any pending, shall stand closed.

_ _ _ _ _ _ _ _ _ _ T. RAJANI , J November 6, 2017 LMV