Gokul Yadav v. M.Surya Rao

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.3156 OF 2016 ORDER:

This Criminal Petition is filed under Section 482 of Code of Criminal Procedure (Cr.P.C) by the petitioners-accused Nos.2, 3 & 4 seeking to quash the proceedings in FIR No.72 of 2016 on the file of Kachiguda Police Station, Hyderabad City.

Heard and perused the material available on record. The offences alleged against the petitioners are punishable under Sections 323 and 506 IPC and 3 (1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Learned counsel for the petitioners submitted that the petitioners are innocent of the offences alleged against them and the present complaint arises out of a loan transaction between the parties and there is a delay of one day in filing the complaint also. The truth or otherwise of the said allegations can be ascertained by the investigating agency during the course of investigation. Therefore, this Court is not inclined to interfere with the proceedings against the petitioners in the above crime. At this stage, learned counsel for the petitioners submitted that in view of the pendency of the above crime, the petitioners apprehend arrest and also the harassment in the hands of police.

In view of the above submission, the police concerned are directed to complete the investigation without arresting the petitioners and file a 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 pending if any, shall stand closed.

______________ RAJA ELANGO, J March 11, 2016.

KTL