N.V.L.Narasimha Reddy v. The State Of A.P.,

SMT JUSTICE T.RAJANI CRIMINAL PETITION No.4485 OF 2013 ORDER:

1.

This Criminal Petition, under Section 482 of Cr.P.C., is filed by the Petitioners/A-1 to A-4 seeking to quash the proceedings in Crime No.89 of 2013 of Saroornagar Police Station, Cyberabad, registered for the offences punishable under Sections 323 and 506 of I.P.C. and Section 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 2.

Heard learned counsel for the petitioners and learned Public Prosecutor, appearing for the 1st respondent - State. None appears for the 2nd respondent - de-facto complainant, in spite of service of notice. 3.

Learned counsel for the petitioners submits that the very allegations in the complaint would reveal the falsity of the allegations and that the complainant herein is no way connected with the affairs pertaining to the college in which the petitioners and one K.Koteswar Rao worked. The allegations are that the said Koteswar Rao resigned from his post, in the said college, and thereafter approached the complainant to settle the financial transactions of the college and, when the complainant went to talk about the same, he was abused by the petitioners in his caste name.

4.

Learned counsel for the petitioners' draws the attention of this Court to the complaint filed by the petitioners on 19.01.2013 against the said Koteswar Rao and another. Learned counsel for the petitioners submits that the instant complaint is brought into existence only as a counterblast to their complaint. Apart from the above, this Court takes note of the fact that, while the incident occurred on 08.01.2013, the complaint was filed on 02.02.2013, absolutely without any explanation for the said delay.

5.

Learned counsel for the petitioners further submits that the 2nd respondent is no more.

TR,J Crl.P. No.4485 of 2013 6.

Hence, in the light of the above, this Court opines that the complaint filed against the petitioners is not a genuine one and got filed only as a counterblast to the complaint filed by them against the said Koteswar Rao and another. 7.

Accordingly, with the above observations, the Criminal Petition is allowed and all further proceedings against the Petitioners/A-1 to A-4 in Crime No.89 of 2013 of Saroornagar Police Station, Cyberabad, are hereby quashed. 8.

As a sequel, miscellaneous petitions if any, pending in this Petition shall stand closed.

______________________ T. RAJANI, J Date: 26.10.2018.

Dsh

SMT JUSTICE T.RAJANI TR,J Crl.P. No.4485 of 2013 30102018 CRIMINAL PETITION No.4485 OF 2013 Date. 26.10.2018 DSH