Chinna Chandrasekhar Reddy v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY CRIMINAL PETITION No.5871 OF 2017 ORDER:

This petition is filed under Section 482 Cr.P.C. to quash the proceedings against the petitioners/A1 to A7 in Crime No.88 of 2017 on the file of the Station House Officer, Chirala II Town Police Station,Chirala, Prakasam District, registered for the offences punishable under Sections 323, 324, 354, 506 and 509 r/w 34 IPC and 3 (1)(w)(i), 3(1)(w)(ii),3(2)(va) and 3 (1)(r) (s) of Scs and STs (PoA) Act, 2015.

2.

Learned counsel for the petitioners submitted that the 2nd respondent foisted a false case against the petitioners due to civil disputes. He further submitted that allegations made in the complaint do not constitute any offence, much less the offences alleged to have been committed by the petitioners. Per contra, learned Assistant Public Prosecutor submitted that the allegations made in the complaint prima facie constitute the offences alleged to have been committed by the petitioners.

3.

A perusal of the record reveals that the petitioners are A1 to A7 and the 2nd respondent is the de facto complainant in Cr.No.88 of 2017. As per the allegations made in the complaint, on 27-06-2017 at about 11 P.M., the 1st petitioner beat the husband of the 2nd respondent. The 1st petitioner made an attempt to outrage modesty of 2nd respondent and abused her in the name of her caste as she questioned high handed behaviour of the 1st petitioner. It is further alleged that petitioners 2 to 7 came to the house of the 2nd respondent and abused her family members in the name of their caste.

4.

While exercising the inherent power under Section 482 Cr.P.C., the Court has to take into consideration the

allegations made in the complaint only. The Court is not justified in embarking upon an enquiry as to probability, reliability or genuineness of the allegations made in the complaint at the initial stage of investigation. Whether the petitioners have committed the alleged offences or not will come to light during the course of investigation. The material placed before the Court is prima facie sufficient to investigate into the matter in order to ascertain the truthfulness or otherwise of the allegations made in the complaint. 5.

Having regard to the facts and circumstances of the case and also the principle enunciated in R.P.KAPOOR V. STATE OF PUNJAB 1, STATE OF HARYANA V. BHAJAN LAL 2, V.Y.JOSE V. STATE OF GURAJAT 3 and TEEJA DEVI V. STATE OF RAJASTHAN 4, I am of the considered view that it is not a fit case to quash the criminal proceedings at the threshold.

6.

Taking into consideration the facts and circumstances of the case and also the principle enunciated by the Supreme Court in ARNESH KUMAR V. STATE OF BIHAR 5, the Station House Officer, Chirala II Town Police Station, Chirala, Prakasam District, is hereby directed to follow the procedure as contemplated under Section 41-A Cr.P.C. in Crime No.88 of 2017 so far as the petitioners/A1 to A7 are concerned. 7.

With the above direction, the Criminal Petition is disposed of. Miscellaneous petitions, if any pending in this petition shall stand closed.

_________________________ T.SUNIL CHOWDARY, J DATED:19-07-2017 Hsd 1 AIR 1960 SC 866 2 AIR 1992 SC 604 3 (2009) 3 SCC 78 4 2015 (1) ACR 564 (SC) 5 (2014) 8 SCC 273