Matla Musalayya Swamy v. The State Of A.P

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.12955 OF 2016 ORDER:

This petition is filed by the petitioners-accused Nos.1 and 2 under Section 482 Cr.P.C. seeking to quash the proceedings in FIR No.105 of 2016 on the file of the Thondangi Police Station, Thondangi, East Godavari District, registered for the offence punishable under Sections 323 r/w 34 IPC and Section 3 (1)(r ) (s) of the SCs & STs (POA) Act. Heard and perused the material available on record. It is alleged that on 8.8.2016 while the 2nd respondent and his villager-Balla Suresh Kumar were returning from Perumallapuram, the petitioners came to them and abused them in the name of their caste. The petitioners threatened that they will burn the hayricks of the 2nd respondent.

Learned Counsel for the petitioners submitted that the present complaint has arisen out of political rivalry in the villages and that the petitioners never committed any offence as alleged. Learned Additional Public Prosecutor opposed this petition. Considering the facts and circumstances of the case and the nature of the offence, this Court is not inclined to grant the relief sought by the petitioners. However, the petitioners are directed to surrender before the Court concerned and move an application for bail. On such application being filed, the Court concerned is directed to consider the same on the same day, in accordance with law.

Accordingly, the Criminal Petition is disposed of. Consequently, miscellaneous petitions pending, if any, shall stand closed. ______________________ JUSTICE RAJA ELANGO Date : 2.9.2016 Nn

HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.12955 OF 2016 DATED 2.9.2016 Nn