Shaik Baji Yali v. The State Of A.P

THE HON'BLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL PETITION No.12209 OF 2016 ORDER:

This Criminal Petition under Section 482 Cr.P.C. is filed by the petitioners/A1 and A2 seeking to quash the proceedings in Crime No.230 of 2016 on the file of Nagarampalem Police Station, Guntur Urban District, registered for the offences punishable under Sections 323 IPC and Sections 3 (1)(r)(s) of Scheduled Castes and Scheduled Tribes (POA) Act.

2. Heard learned counsel for the petitioners/A1 and A2 and learned Additional Public Prosecutor representing the State.

3. As per the complaint, there are serious allegations against the petitioners/A1 and A2. Truth or otherwise of the allegations in the complaint can be ascertained by the investigating agency during the course of investigation. Therefore, this Court is of the considered view that this is not a fit case to quash the proceedings against the petitioners. However, considering the facts and circumstances of the case, the police concerned are directed to proceed with the investigation without arresting the petitioners/A1 and A2. The petitioners/A1 and A2 are directed to appear before the investigating agency as and when required and cooperate with the investigation of crime.

4. With the above direction, the Criminal Petition is disposed of.

Pending miscellaneous applications, if any, shall stand closed in consequence.

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M.S.K.JAISWAL, J Date:23.08.2016 KH