Paleti Rama Rao v. The State Of A.P.,Rep.,Pp

THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY CRIMINAL PETITION No.1055 of 2016 ORDER:

This petition is filed under Section 482 Cr.P.C. to quash the proceedings against the petitioners/accused Nos.1 to 3 in Crime No.165 of 2015 on the file of Station House Officer, Vetapalem Police Station, Prakasam District, registered under Sections 353 read with 34 IPC.

Heard the learned counsel for the petitioners and the learned Public Prosecutor representing the State. A perusal of the record reveals that the petitioners are accused Nos.1 to 3 and the second respondent is the de facto complainant in Crime No.165 of 2015. As per the allegations made in the complaint, on 09.12.2015 at about 3.00 p.m., the petitioners herein went to Gram Panchayat Office, Ravurpet and picked up quarrel with the Panchayat Secretary. It is further alleged that in that process, the petitioners herein obstructed the de facto complainant from discharging his duties. A perusal of the record reveals basing on the complaint lodged by the second petitioner, the Station House Officer, Vetapalem Police Station, registered a case in Crime No.166 of 2015 against the Panchayat Secretary.

A perusal of the record reveals basing on the complaint lodged by the Panchayat Secretary, the Station House Officer, Vetapalem Police Station, registered a case in Crime No.164 of 2015 under Sections 323 and 353 IPC and under Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the petitioners and others. A perusal of the record clearly reveals the disputes between two groups.

this Court expresses any opinion touching the merits of the main case, the same may cause prejudice to one of the parties to the proceedings. Whether the petitioners have committed the alleged offence or not will come to light during the course of investigation. It is needless to say that the court has to take into consideration the allegations made in the complaint while exercising inherent jurisdiction under Section 482 Cr.P.C., in order to quash the criminal proceedings at the initial stage of investigation. The court is not justified in embarking upon an enquiry to ascertain the truthfulness, genuineness or otherwise of the allegations made in the complaint. It is a settled principle of law that the inherent power should not be exercised to stifle a legitimate investigation. If the allegations made in the complaint do not constitute the offence much less the offence alleged to have been committed by the petitioners, then this court can quash the proceedings in order to prevent abuse of process of court thereby to secure the ends of justice.

I have carefully perused the material available on record in order to ascertain whether the allegations made in the complaint are patently absurd and inherently improbable thereby to quash the proceedings. The material available on record is prima facie sufficient to investigate into the matter in order to ascertain the truthfulness or otherwise of the allegations made in the complaint. Having regard to the facts and circumstances of the case and also the principle enunciated in R.P.KAPOOR v. STATE OF PUNJAB[1], STATE OF HARYANA v. BHAJAN LAL[2], V.Y.JOSE V STATE OF GUJARAT[3] AND TEEJA DEVI v.

STATE OF RAJASTHAN[4], I am of the considered view that this is not a fit case to quash the criminal proceedings at the threshold.

The learned counsel for the petitioners submitted that the concerned Station House Officer may be directed not to arrest the petitioners till completion of investigation. Taking into consideration the facts and circumstances of the case, the Station House Officer, Vetapalem Police Station, Prakasam District, is hereby directed not to arrest the petitioners/accused Nos.1 to 3 in Crime No.165 of 2015 till completion of investigation.

With the above direction, the Criminal Petition is dismissed. Consequently, Miscellaneous Petitions, if any, pending in this Criminal Petition shall stand closed.

_____________________ T.SUNIL CHOWDARY, J Date:05.02.2016 Rns [1] AIR 1960 SC 866 [2] AIR 1992 SC 604 [3] (2009) 3 SCC 78 [4] 2015 (1) ACR 564 (SC)