Medishetty Krishna Veni v. The State Of Telangana

HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO CRIMINAL PETITION No.6722 2015 ORDER:

This Criminal Petition is filed by the petitioner/accused under Section 482 Cr.P.C seeking to quash the proceedings in crime No.104 of 2015 of Vanasthalipuram Police Station, Cyberabad District, registered for the offence punishable under Section 3(i)(x) of the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989 (for short 'the Act'). Heard the learned counsel for the petitioner and the learned Public Prosecutor (Telangana) for the State before notice to respondent No.2/de facto complainant and before admission. Perused the material on record.

Perused report of respondent No.2/de facto complainant in registering the crime, quashment of which the relief sought. The very report as pointed out by the learned counsel for the petitioner including with reference to the contents show as elder, for the money transaction when demanded, the alleged occurrence taken place in the house of the accused. It is the submission there from that there is no public view as contemplated under Section 3(i)(x) of the Act and the provision has no application and continuation of the crime for investigation is nothing but abuse.

Having regard to the above, though there is no further material at this stage to quash the F.I.R. since the petitioner is

entitled to the concession of bail, this application is disposed of giving liberty to the petitioner to surrender before the learned Magistrate and move for regular bail with notice to the Special Public Prosecutor before the learned Special Judge and in such an event the learned Sessions Judge shall hear and grant bail on the same day with necessary conditions. Needless to say, at the post bail stage pending investigation, the presence of the petitioner before the committal Magistrate Court can be dispensed with. In the event of police filing final report or any cognizance taken by the concerned learned Magistrate, further remedy is left open to petitioner.

Accordingly, this Criminal Petition is disposed of. Miscellaneous petitions pending if any, shall stand closed.

_________________________ Dr. B. SIVA SANKARA RAO, J Date:29-07-2015 pab

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH ***** CRIMINAL PETITION No.6722 OF 2015 Between:

Medishetty Krishna Veni ... Petitioner and

The State of Telangana and another ....Respondents DATE OF JUDGEMENT PRONOUNCED: 29-07-2015 SUBMITTED FOR APPROVAL:

HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO

1. Whether Reporters of Local newspapers may be allowed to see the Judgment?

Yes/No Yes/No 2.

Whether copies of judgment may be Yes/No marked to Law Reporters/Journals? Yes/No 3.

Whether Their Ladyship/Lordship wish to Yes/No see the fair copy of the Judgment? Yes/No