B. Venkateswara Rao v. The State Of Andhra Pradesh

HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.41550 OF 2016 ORDER:

The present writ petition is filed by the petitioners seeking to declare the action of the 2nd respondent in registering FIR No.157 of 201 on the file of Airport Police Station, Visakhapatnam, against them for the offences punishable under Sections 448, 427 and 506-II r/ w.34 IPC and 3 (1) (f) (g) and 3 (1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (for short 'the Act'), as illegal and arbitrary, and consequently, direct the respondents 1 and 2 not to apprehend the petitioners.

Heard and perused the material available on record. The allegation against the petitioners is that they trespassed into the land of the de facto complainant and beat him and his wife, and also abused them in the name of their caste.

Learned counsel for the petitioner submitted that the present case arises out of civil disputes between the parties and that on earlier occasion also the de facto complainant lodged a similar complaint against the petitioners which was registered as Crime No.558 of 2013, and this Court granted interim orders in that case in Crl.P. No.9160 of 2013, and he again filed the present complaint with false allegations, and that the alleged incident was occurred on 16.05.2016 and the complaint was registered on 18.05.2016.

The learned Assistant Government Pleader submitted that on the basis of the complaint, a case was registered against the petitioners,

and the respondents are investigating into the matter in accordance with law.

The petitioners filed the present writ petition challenging investigation in the above crime. Even though this Court is not inclined to interfere with the investigation in the above crime, taking into consideration the facts and circumstances of the case, without going into the merits, this Court is of the view that the above crime can be investigated into, without arresting the petitioners. Accordingly, the 2nd respondent is directed to complete the investigation and file a final report in the above Crime, in accordance with law, without arresting the petitioners. The petitioners are also directed to appear before the investigating officer concerned, as and when required, and cooperate with the investigation. In case, the charge sheet is filed before the Court concerned, and summons are received by the petitioners, they shall appear before the Court concerned and execute a bond for a sum of Rs.5,000/ - (Rupees five thousand only) each with one surety for the like sum each, for their future appearance.

Accordingly, the Writ Petition is disposed of. No costs. Consequently, miscellaneous petitions pending, if any, shall stand closed.

___________ RAJA ELANGO, J November 30, 2016.

KTL