Venkateswara Rao Yarava v. The State Of Andhra Pradesh,

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.37874 OF 2016 ORDER:

This writ petition is filed under Article 226 of the Constitution of India praying to quash the proceedings in Crime No.42 of 2016 of Kondapuram Police Station, Sri Potti Sri Ramulu Nellore District against the petitioners.

2.

Heard and perused the material available on record. 3.

Case of the petitioners is that respondent No.4 filed a complaint against them before respondent No.3 and the same was registered as the aforementioned case for the offences punishable under Section 506 I.P.C. and Section 3(1)(r)(s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015; that the complaint does not contain any incriminating material against them; that they never did any criminal activities and respondent No.3 is trying to arrest them without following the due process of law.

4.

Learned Assistant Government Pleader for Home submitted that on the basis of the said complaint, a case was registered against the petitioners and respondent No.3 is investigating the matter in accordance with law.

5.

Considering the facts and circumstances of the case and the grievance of the petitioners, without expressing any opinion on merits, respondent No.3 is hereby directed to complete the investigation in the aforementioned crime and file a final report, in accordance with law in either way, without arresting the

petitioners. However, the petitioners shall appear before the investigating officer as and when required for the purpose of investigation.

6.

With the above direction, the Writ Petition is disposed of. There shall be no order as to costs.

7.

Miscellaneous Petitions pending, if any, in this Writ Petition shall stand closed.

_________________________ JUSTICE RAJA ELANGO 4.11.2016 AMD

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.37874 OF 2016 Date: 4.11.2016 AMD