K.Raghuveera Reddy v. Devi Sri Lakshmi

HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO CRIMINAL PETITION No.7981 of 2017 ORDER :

Heard the learned counsel for the petitioner and the learned Public Prosecutor representing the State before ordering notice to respondent No.1-wife of the deceased of Crime No.130 of 2017 of Velgatoor Police Station, Jagtial, Karimnagar District, registered for the offences punishable under Section 306 I.P.C. and Section 3(1)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (for short 'the Act') and perused the grounds urged in the quash petition, F.I.R. and other material on record including earlier the deceased left and a man missing case was registered in Crime No.407 of 2017 and the same was closed after he appeared himself. In fact, there is no offence under Section 3(1)(r) or 3(2)(va) of the Act and the petition can be allowed to that extent by quashing penal provision mentioned in the F.I.R.

under Section 3 of the Act. So far as the offence under Section 306 I.P.C. concerned, it is premature to make any expression in this case at nasal stage of the investigation. Accordingly, the Criminal Petition is partly allowed, without prejudice to the available defences.

Consequently, miscellaneous petitions, if any, pending shall stand closed.

_________________________ Dr. B. SIVA SANKARA RAO, J Date:04-10-2017 pab