Mogili Reddy v. The State Of A.P.,Rep.,Pp

THE HON'BLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL PETITION No.7745 of 2016 ORDER:

This petition under Section 482 Cr.P.C. is filed by the petitioners/A1 and A2 seeking to quash the proceedings in F.I.R.No.24 of 2016 on the file of R.C. Puram Police Station, R.C. Puram Mandal, Chittoor District, registered for the offences punishable under Sections 324 and 506 read with 34 I.P.C. and Section 3 (1) (s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

2. Heard learned counsel for the petitioners/A1 and A2 and learned Additional Public Prosecutor representing the State.

3. The allegation against the petitioners is that on 20.04.2016 at about 2:00 P.M., when the complainant was climbing the coconut tree, the petitioners abused him in the name of his caste and thereafter they beat the complainant with a stick on his right hand, left leg buttocks and caused bleeding and blunt injuries.

4. As per the complaint, there are serious allegations against the petitioners. Truth or otherwise of the allegations in the complaint can be ascertained by the investigating agency during the course of investigation. Therefore, this Court is of the considered view that this is not a fit case to quash the proceedings against the petitioners. However, considering the facts and circumstances of the case, the police concerned are directed to proceed with the investigation without arresting the petitioners/A1 and A2 till filing of the charge sheet. The petitioners/A1 and A2 are directed to appear before the investigating agency as and when required and cooperate with the investigation of crime.

5. With the above direction, the Criminal Petition is disposed

of.

Miscellaneous petitions, if any, pending in this Criminal Petition shall stand closed.

___________________ M.S.K.JAISWAL,J Date:08.06.2016 KH