Kommi Chenchaiah v. The State Of A.P.,Rep.,Pp

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.4926 OF 2016 ORDER:

This Criminal Petition is filed by the petitioners-A1 and A2 under Section 482 Cr.P.C., seeking to quash the proceedings against them in Crime No.96 of 2014 on the file of Chejerla Police Station, SPSR Nellore District, registered for the offence punishable under Sections 323, 447 and 506 r/w 34 IPC and Section 3 (1)(x) of the SCs & STs (POA) Act.

Heard and perused the material available on record. It is alleged that while the 2nd respondent along with her children was doing work in her land, the petitioners caused obstruction to the work and stated that the said land belongs to them, and they abused the 2nd respondent in the name of her caste and beat her with hands and legs and when her sons tried to rescue her, A1 threatened them.

Learned Counsel for the petitioners submitted that the present complaint has arisen out of land dispute and even according to the 2nd respondent, the alleged occurrence took place on 1st September, 2014 whereas the complaint was lodged on 14.9.2014 and there was delay in lodging the complaint.

Considering the facts and circumstances of the case and the allegations made against the petitioners, this Court is not inclined to interfere with the proceedings in the above crime. However, the 1st respondent-police are directed to complete the investigation and file a final report, if any, in accordance with law, without arresting the petitioners. In the event of necessity, the 1st respondent-police are directed to issue notice to the petitioners for the purpose of investigation. On issuance of such notice, the petitioners are directed to appear before the investigating officer and give an undertaking as to

their future appearance as and when required by the investigating agency for the purpose of investigation.

Accordingly, the Criminal Petition is disposed of. Consequently, miscellaneous petitions pending, if any, shall stand closed. ______________________ JUSTICE RAJA ELANGO Date : 11.4.2016 Nn HONOURABLE SRI JUSTICE RAJA ELANGO

CRIMINAL PETITION No.4926 OF 2016 DATED 11.4.2016 Nn