Goli Dilip Kumar, v. Madigani Kinnera

HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO Crl.P.No.3803 of 2015 ORDER :

This petition is filed under Section 482 of the Code of Criminal Procedure (for short, 'the CrPC') by the Petitioner-accused (one of the accused persons) in Cr.No.151 of 2014 of T.Narsapuram Police Station, West Godavari district, registered for offences punishable under Sections 506 read with 34 of I.P.C. and Section 3(1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act(for short, 'the SC & ST(POA) Act') on the complaint of 1st respondent, praying to quash the proceedings in said crime.

2. Heard the learned counsel for the petitioner/accused so also the learned Public Prosecutor representing State-2nd respondent before ordering notice to the 1st respondent/defacto-complainant and perused the material on record.

3. On perusal of the material on record which falls short to admit the application for quashing but for the facts otherwise admit for bail.

4. Having regard to the above, the Criminal Petition is disposed of by giving liberty to the petitioner, as per the latest expression of the Apex Court in Bachu Das V. State of Bihar by directing the petitioner to surrender before the learned special judge and move an application for regular bail with a notice to the learned Public Prosecutor concerned, in such an event, the learned Judge to consider granting bail preferably on the same day if not next day imposing necessary conditions. Any remedy of the petitioner is only after completion of the investigation if aggrieves by the final report. Consequently, miscellaneous applications, if any, pending in this Petition shall stand closed.

____________________________ Dr. B. SIVA SANKARA RAO, J Date: 02.06.2015 vvr