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High Court for State of TelanganaCRLP/5204/2015disposed of no costs

Mr.Gali Balaji, v. The State Of Andhra Pradesh,

2015-06-24B.Siva Sankara Rao2 pages

HON'BLE Dr. JUSTICE B. SIVA SANKARA RAO CRIMINAL PETITION No.5204 of 2015 ORDER :

This Criminal Petition is filed by the Petitioners/Accused Nos.1 to 8 under Section 482 Cr.P.C seeking to quash the proceedings in Crime No.97 of 2015 of I Town Police Station, Hindupur, Anantapur district registered for the offences punishable under Sections 342, 447, 357, 307 read with 34 I.P.C. and Section 3(1)(ix) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, 'the Act')

2) Heard the learned counsel for the petitioners/A-1 to A-8 and also the 1st respondent represented by the Public Prosecutor before admission and before issuing notice to the 2nd respondent/defacto-complainant and perused the material on record.

3) It is the contention of the learned counsel for the petitioners that two of the petitioners even belong to Scheduled Tribe and the case is outcome of political vendetta by false implication by missing the provisions of the Act and even the provision of law mentioned as if Section 3(1)(ix) of the Act has no application to the facts.

4) The facts fall short of this Court to admit the application under Section 482 Cr.P.C to quash the F.I.R, but for from what is discussed supra, but for they are entitled to

the concession of bail. Having regard to the above, the application is disposed of giving liberty to surrender before the learned Magistrate concerned and on same day with affidavit of surrender move for regular bail before the learned Special Judge and with notice to Special Public Prosecutor and further in such an event, after hearing, the learned Judge consider and grant bail preferably on the same day with necessary conditions.

5) With the above observations, the petition is disposed of. As a sequel, miscellaneous petitions pending, if any, in this criminal petition shall stand closed. ___________________________ Dr. B. SIVA SANKARA RAO, J 24.06.2015 ksh