Eluri Koteswar Rao v. The State Of Telangana

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THURSDAY, THE ELEVENTH DAY OF JUNE TWO THOUSAND AND FIFTEEN PRESENT THE HON'BLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL PETITION No.4230 of 2015 Between:

Eluri Koteswar Rao and 2 others ..... PETITIONERS/A1, A5 & A6 AND The State of Telangana, rep.by its Public Prosecutor and another .....RESPONDENTS The Court made the following:

THE HON'BLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL PETITION No.4230 of 2015 ORDER:

The criminal petition is filed under Section 482 Cr.P.C. to quash the

proceedings in Cr.No.236 of 2014 of Tekulapally Police Station, Khammam District. Heard the learned counsel appearing for the petitioners/A1, A5 & A6 and the learned Additional Public Prosecutor, representing the State. On being forwarded the complaint of the 2nd respondent/complainant by the concerned Magistrate, the police registered a case against the petitioners and others for the offences punishable under Sections 499, 500 and 511 r/w.Sec.120B IPC and under Sec.3(1)(x), 3(1)(xiv) and 3(2)(ii) of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The allegations in the complaint, prima facie, reveal the commission of alleged offences by the petitioners and others. This is a matter, which requires investigation by the police, and there are no valid grounds to quash the First Information Report.

In view of 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/A1, A5 & A6 in Cr.No.236 of 2014 of Tekulapally Police Station, Khammam District.

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

__________________ M.S.K.JAISWAL,J Date: 11.06.2015 Dsr