Mingi China Lakshminarayana v. The State Of Andhra Pradesh

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.2950 OF 2016 ORDER:

This Criminal Petition is filed under Section 482 of Code of Criminal Procedure (Cr.P.C) by the petitioners-accused Nos.1 & 2 seeking to quash the proceedings in FIR No.46 of 2016 of Korukonda Police Station, Rajamahendravaram Urban, East Godavari District.

Heard and perused the material available on record. The offences alleged against the petitioners are punishable under Sections 324 and 323 r/w. 34 IPC and 3 (1), (c), (r), (s) of SC & ST (PoA) Act. The allegation against the petitioners is that they abused the de facto complainant in the name of his caste.

Learned counsel for the petitioner submitted that the petitioners are innocent of the offences alleged against them and they were falsely implicated in the case.

The truth or otherwise of the above allegations can be ascertained during investigation of the case. Hence, this Court is not inclined to interfere with the proceedings against the petitioners. At this stage, learned counsel for the petitioners submitted that the petitioners are apprehending arrest and harassment in the hands of police, in view of the pendency of the above crime.

Taking into consideration the submissions of the learned counsel for the petitioners, the police concerned are directed to complete the investigation without arresting the petitionersaccused Nos.1 & 2 and file final report, if any, in accordance with law. The petitioners are directed to appear before the Investigating Agency as and when their presence is required, and cooperate with the Investigating Agency.

With the above directions, the Criminal Petition is disposed of. Consequently, miscellaneous petitions, if any, pending, shall stand closed.

______________ RAJA ELANGO, J March 08, 2016.

KTL