Sudarshan v. The State Of Andhra Pradesh

HON'BLE Dr. JUSTICE B. SIVA SANKARA RAO CRIMINAL PETITION No.8471 of 2015 ORDER :

The present criminal petition is filed by the petitioners/accused under Section 482 Cr.P.C seeking to quash the proceedings in Crime No.493 of 2015 on the file of Chaitanyapuri Police Station, Cyberabad, registered for the offences punishable under 3(1)(x) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

2) Heard the learned counsel for the petitioners as well as the 1st respondent-State represented by the Public Prosecutor before admission and before ordering notice to the respondents 2 and 3 and perused the material on record.

3) The learned counsel for the petitioners submits that there is no public view of the alleged abuses touching the caste, which is required to attract Section 3(1)(x) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. He further submits that a reading of the complaint shows that the alleged six witnesses came after the so-called abuses while under altercation in separating or sending them away.

4) On perusal of the material on record, the facts fall short to admit the criminal petition to quash the proceedings in the subject crime, but for entitlement to concession of regular bail.

5) Accordingly, this Criminal Petition is disposed of, giving liberty to the petitioners herein/accused to surrender before the learned Magistrate concerned and with affidavit of surrender, on the same day move an application for regular bail before the learned Special Judge with notice to the Special Public Prosecutor concerned, and in such an event, the learned Special Judge, after hearing, shall grant bail with necessary conditions on the same day. It is left open to the petitioners herein/accused to file additional material in their favour, if any, in connection with investigation of the subject crime before the aforesaid learned Special Judge. Miscellaneous petitions pending, if any, in this Criminal Petition shall stand closed.

__________________________ Dr. B. SIVA SANKARA RAO, J 03.09.2015 MVA