Boya Bheemasena v. The State Of A.P.
THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER Criminal Petition No.4851 of 2018 ORDER:
This Criminal Petition, under Section 482 Cr.P.C., is filed by the petitioners/A.1 to A.4, to quash the proceedings in Crime No.16 of 2018 of Madhavaram Police Station, Kurnool District, registered for the offences punishable under Sections 447, 506 read with 34 of I.P.C, and Section 3(1)(x) of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
2.
Heard the learned counsel for the petitioners/A.1 to A.4, learned Assistant Public Prosecutor representing the 1st respondentState and perused the record. 3.
The learned counsel for the petitioners/A.1 to A.4 would submit that the petitioner No.2 herein/A.2 is the absolute owner and possessor of the subject land. He purchased the same under a registered sale deed. He obtained injunction order against the defacto complainant from a competent civil Court. Police protection is also granted in his favour. The other petitioners herein are his father, brother and paternal uncle. False report is lodged by the defacto complainant with the police to coerce the petitioners/A.1 to A.4 and to take away their valuable land.
4.
The petitioners/A.1 to A.4 have filed certain documents to show the orders obtained by them from the civil Court. The dispute between the parties to the litigation appears to be civil in nature, pending before a civil Court. The truth or otherwise of the
allegations levelled against the petitioners/A.1 to A.4 is required to determined after due investigation. However, the interest of the petitioners/A.1 to A.4 is required to be protected. 5.
Accordingly, the Station House Officer concerned is directed to complete the investigation and file Final Report before the Court concerned, without arresting the petitioners/A.1 to A.4. 6.
With the above direction, this Criminal Petition is disposed of. Pending Miscellaneous Petitions, if any, shall stand closed. _____________________ Dr. SHAMEEM AKTHER, J 01st May, 2018 Bvv