Syed Abbas v. Nellore Sankaraiah

THE HON'BLE SRI JUSTICE M.S.K. JAISWAL CRIMINAL PETITION No.11063 of 2016 ORDER:

The criminal petition is filed under Section 482 Cr.P.C. to quash the proceedings in Crime No.41 of 2016 of Thottambedu Police Station, Tirupati Urban, Chittoor District, registered for the offences punishable under Sections 323 and 384 r/w.34 IPC and Section 3 (1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Heard the learned counsel appearing for the petitioners/A-1 to A-6 and the learned Additional Public Prosecutor, representing the State.

Specific allegations were made against the petitioners in the complaint. This is a matter, which requires investigation by the police. The truth or otherwise of the allegations can only be decided during course of investigation or trial. I see no ground to interdict the investigation at this stage and quash the first information report.

Learned counsel for the petitioners submits that the petitioner No.1/Accused No.1 has already arrested, remanded to judicial custody and released on bail.

In the facts and circumstances of the case and as requested by the learned counsel for the petitioners, the Criminal Petition is disposed of, directing the investigating agency to

proceed with the investigation, however, without arresting the petitioners/A-2 to A-6 in the above crime, till the investigation is completed and the charge sheet is filed. The petitioners shall appear before the investigating agency as and when required during course of investigation.

Pending miscellaneous applications, if any, shall stand closed in consequence.

____________________ M.S.K. JAISWAL, J July 29, 2016 Pn THE HON'BLE SRI JUSTICE M.S.K. JAISWAL

CRIMINAL PETITION No.11063 of 2016 July 29, 2016 Pn