Bommi Ijrayal,Bommi Israel, v. The State Of Andhra Pradesh,
HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.44500 of 2016 ORDER:
This writ petition is filed by the petitioners under Article 226 of the Constitution of India seeking to declare the action of the 3rd respondent in registering the Crime No.158 of 2016, as illegal and arbitrary and consequently direct the 3rd respondent not to harass the petitioners.
Heard and perused the material available on record. The case of the petitioners is that the 4th respondent lodged the present complaint against the petitioners alleging that on 10.12.2016, at about 7.30 a.m., the petitioners outraged the modesty of the 4th respondent by rending her jacket due to their existing water tap disputes. When the sons of the 4th respondent were trying to rescue her from the hands of the accused, they also beat them with stick and caused injuries on their person and later all the injured persons were shifted to Area Hospital, Amalapuram for treatment. Based on the said complaint, the 3rd respondent registered the same as Crime No.158 of 2016 against the petitioners, who are arrayed as A-1 to A-4, for the offences punishable under Sections 354, 354A, 354B & 324 read with 34 IPC.
The main grievance of the petitioners is that the petitioners are apprehending arrest in the hands of the 3rd respondent. Learned counsel for the petitioners submitted that when the petitioners made a complaint against the 4th respondent, the 3rd respondent registered the same as Crime No.
323 read with 34 IPC, as a counter blast case to the case of the 4th respondent.
Considering the grievance of the petitioners and the submissions of the learned counsel for the petitioners, the 3rd respondent is directed to complete the investigation in Crime No.158 of 2016 as expeditiously as possible and file a final report, if any, either way in accordance with law, without arresting the petitioners. The petitioners are directed to execute personal bond for a sum of Rs.10,000/- (Rupees ten thousand only) each only with one surety for the like sum each to the satisfaction of the concerned Investigation Officer as surety for their future appearance for the purpose of investigation.
Accordingly, the Writ Petition is disposed of. No costs. Consequently, miscellaneous petitions pending, if any, shall stand closed.
____________________ RAJA ELANGO, J Date: 21st December, 2016 KL