Yeduvaka Ramana, v. The State Of A.P.,
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD
FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH * * * * CRIMINAL PETITION No.6972 of 2015 Between:
Yeduvaka Ramana & 2 others .. Petitioners/ accused Nos.1 to 3 And The State of A.P., rep. by Public Prosecutor, High Court of Judicature at Hyderabad & another .. Respondents DATE OF JUDGMENT PRONOUNCED: 05-08-2015 SUBMITTED FOR APPROVAL:
HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO
1. Whether Reporters of Local newspapers Yes/No may be allowed to see the Judgment?
2. Whether the copies of judgment may be Yes/No marked to Law Reporters/Journals
3. Whether Their Lordship wish to see the fair copy of the Judgment? Yes/No HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO Crl.P. No.6972 of 2015 ORDER :
This Criminal Petition is filed by the petitioners/ accused Nos.1 to 3, under Section 482 Cr.P.C seeking to quash the proceedings in FIR No.157 of 2015 of Kothavalasa Police Station, Vizianagaram District registered for the offence under Section 506 IPC r/w 34 IPC. 2) Heard learned counsel for the petitioners/ accused Nos.1 to 3 as well as 1st respondent-State represented by learned Public prosecutor before admission and before ordering notice to 2nd respondent-de facto complainant at length and perused the material.
3) A perusal of the material shows the investigation shall be continued and it is premature to give any decision so far as accused Nos.1 and 2 concerned as to application or not of the offences under Section 3 (1) (x) of SC/ST POA Act, 1989 but for to say once accused No.3 is also a SC by caste is not liable for accusation under that Act but for the other offences, if any, under Section 506 r/w 34 IPC.
4) Having regard to the above, as the material falls short for this Court to admit the application filed under Section 482 Cr.P.C, but for to the entitlement of concession of regular bail, the Criminal Petition is disposed of giving liberty to petitioners to surrender themselves before the learned Special Judge and move for regular bail with notice to special public prosecutor concerned and in such an event, the learned Special Judge shall grant bail with necessary conditions on the same day. Needless to say at
post bail stage, the presence of the petitioners before the learned Magistrate may be dispensed with.
Further remedy is left open in the event of police filing final report and after taking cognizance by the learned committal Magistrate.
5) Miscellaneous petitions, if any pending in this Criminal Petition, shall stand closed.
_________________________ Dr. B. SIVA SANKARA RAO, J 05.08.2015 knl HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO Crl.P. No.6972 of 2015
Date:05.08.2015 Knl