Macharla Katta Mallu v. The State Of Telangana

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.6310 OF 2016 ORDER:

This petition is filed by the petitioner-accused under Section 482 Cr.P.C. seeking to quash the proceedings against him in Crime No.164 of 2011 on the file of Thorrur Police Station, Warangal District, registered for the offence punishable under Sections 324 r/w 34 IPC and Section 3 (1)(x) of the SCs & STs (POA) Act. Heard and perused the material available on record. It is alleged that when the 2nd respondent requested Md. RafiA1, field assistant to put tank silt in his land under National Rural Employment Guarantee scheme, he refused to do so. When the 2nd respondent questioned A1, he abused him in filthy language and stated that the husband of Sarpanch viz., M. Venkateswarlu asked him not to put a tank silt. A1 to A6 are alleged to have abused the 2nd respndent in filthy language by referring to the name of his caste and beat him with a chappal.

Considering the facts and circumstances of the case and the allegations made against the petitioner, this Court is not inclined to grant the relief sought by him. However, the 1st respondent-police concerned are directed to complete the investigation and file a final report, if any, without arresting the petitioner. In the event of necessity, the 1st respondent-police are directed to issue a notice to the petitioner to appear before the investigating agency for the purpose of investigation. On issuance of such notice, the petitioner is directed to appear before the investigating agency and give an undertaking as to his future appearance as and when required for the purpose of investigation.

Accordingly, the Criminal Petition is disposed of. Consequently, miscellaneous petitions pending, if any, shall stand closed. ______________________ JUSTICE RAJA ELANGO Date : 26.4.2016 Nn HONOURABLE SRI JUSTICE RAJA ELANGO

CRIMINAL PETITION No.6310 OF 2016 DATED 26.4.2016 Nn