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High Court for State of TelanganaCRLP/8670/2011allowed no costs

Musunuri Anandraj, Kovvur Mandal, West Godavari District v. The State, Sho Kovvuru Rural Ps., Rep By Pp And 3 Others

2018-10-22T. Rajani2 pages

SMT. JUSTICE T. RAJANI CRIMINAL PETITION No.8670 OF 2011 ORDER:

The present Criminal Petition is filed, under Section 482 of the Code of Criminal Procedure, 1973, by the petitioner - accused seeking to quash the proceedings against him in Crime/FIR No.141 of 2010, dated 04.11.2010, of Kovvur Rural Police Station, West Godavari District, Andhra Pradesh State, registered for the offence punishable under Section 3 (1) (x) of the Schedule Castes and the Scheduled Tribes (Prevention of Atrocities) Act 1989.

2. Heard Sri G.L. Nageswara Rao, learned counsel for the petitioner - accused and learned Assistant Public Prosecutor for the State of Andhra Pradesh appearing for respondent No.1.

3. The learned counsel for the petitioner would submit that similar complaints were filed earlier and they were closed. The learned Assistant Public Prosecutor would submit that the complaint in the aforesaid Crime was also referred as false, but final report is not filed in view of the interim stay granted by this Court. She also files a letter received from the Sub-Inspector of Police, Kovvur Rural Police Station stating the said facts.

4. Hence, keeping in view the aforesaid submission, this Court opines that continuation of further proceedings against the petitioner in the aforesaid Crime is nothing but abuse of process of law.

TR,J Crl.P No.8670 of 2011

5. Therefore, the present Criminal Petition is allowed and all further proceedings in Crime/FIR No.141 of 2010, dated 04.11.2010, of Kovvur Rural Police Station, West Godavari District, Andhra Pradesh State, are hereby quashed against the petitioner - accused. Consequently, Miscellaneous Petitions, if any, pending in the present Criminal Petition stand closed, and the interim stay granted by this Court stands vacated.

_______________________ SMT. T. RAJANI, J October 22, 2018 Mgr