R.Venkat Reddy v. The State Of A.P. And Another

HONOURABLE Dr.JUSTICE B.SIVA SANKARA RAO Criminal Petition No.728 of 2014 ORDER :

Heard the learned counsel for the petitioner-sole accused in Cr.No.7 of 2014 of Yalal Police Station, seeking to quash said crime proceedings registered from report of the 2nd respondent and also heard the learned Public Prosecutor representing the 1st respondent-State and the learned counsel for the 2nd respondent and perused the material on record. The Crime is registered for the offences punishable u/sec.323 and 504 IPC and u/sec.3(1)(x) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act (for short, 'the Act') on the report of the 2nd respondent. Undisputedly from the report of the defacto-complainant-2nd respondent there is no public view to attract the offence u/sec.3(1)(x) of the Act but for the other offences of IPC.

Having regard to the above, the Criminal Petition is allowed in part by quashing the proceedings in Cr.No.7 of 2014 of Yalal Police Station, Ranga Reddy District, to the extent of the offence u/sec.3(1)(x) of the Act only, retaining the offences u/sec.323 and 504 IPC. The investigation shall go on. Pending investigation, as both the offences are bailable, police shall not arrest however, it will not prevent to secure presence of the petitioner for the purpose of investigation. Pending miscellaneous petitions, if any, shall stand closed.

_________________________ Dr. B.SIVA SANKARA RAO J, Date:02.01.2019 vvr