P.Santosh Kumar v. The State Of Telangana

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No. 4 OF 2017 O R D E R:

This Writ Petition is filed challenging the registration of crime No. 397 of 2016 on 22-12-2016 under Sections 506 and 323 of the Indian Penal Code read with Section 3 (1) (r) (s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, by respondent No. 3. Respondent No. 4, the complainant, is admittedly a tenant of the petitioners. A perusal of the complaint shows that there was a dispute with regard to vacation of the premises and while giving the complaint, respondent No. 4 alleged that the petitioners abused him in the name of his caste. This requires investigation but in the facts and circumstances of the case, it shows that the petitioners could not be arrested.

However, since this Court cannot interdict investigation, the investigation may go on and if the police after investigation feel that arrest of the petitioners is warranted, they shall obtain appropriate orders from the Magistrate concerned. The Writ Petition is accordingly disposed of. Pending miscellaneous petitions, if any, in this Writ Petition shall stand closed in consequence. No order as to costs.

__________________________ A.RAMALINGESWARA RAO, J.

Date: 02nd March, 2017.

JSK