Vadde Vijayalaxmi v. Thallapalli Laxmi

HON'BLE SRI JUSTICE A. SHANKAR NARAYANA CRIMINAL PETITION No.2585 of 2015 ORDER:

The instant criminal petition is filed under Section 482 of the Code of Criminal Procedure, 1973 to quash the proceedings dated 19.03.2015 in Crime No.60 of 2015 of LMD Colony Police Station, Karimnagar District, which was registered for the offences punishable under Sections 323 and 506 I.P.C. and Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

2. Learned counsel for the petitioner submits that on the advice of the villagers, who are enimically disposed towards the petitioner-accused, the 1st respondent-de facto complainant was instigated and, though, she lodged the complaint and the very fact that the name of the 1st respondent is not finding place as a witness in the complaint, shows the falsity in the allegations levelled in the complaint.

3. Learned Additional Public Prosecutor opposed the request contending that there are concrete allegations to investigate into.

4. Perused the material on record. The F.I.R. was issued on 19.03.2015. The offences punishable are under Sections 323 and 506 I.P.C. and Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. The complaint allegations even at this stage are prima facie sufficient to investigate into in ascertaining truth or otherwise thereof. Therefore, it is not a fit case where the F.I.R. can be quashed.

5. Hence, the instant criminal petition is dismissed.

6. As a sequel thereto, miscellaneous petitions, if any pending in this petition, shall stand closed.

_______________________ A. SHANKAR NARAYANA, J 06th April, 2015 siva