Nallala Suryaprakash v. The State Of Andhra Pradesh,

THE HON'BLE SRI JUSTICE M.S.K.JAISWAL Criminal Petition No.8722 of 2016 ORDER:

This Criminal Petition is filed by the petitioners-A.22 to A.25 under Section 482 Cr.P.C., to quash the proceedings in Crime No.97 of 2016 on the file of Police Station, Tuni Rural, East Godavari District for the offences under Sections 509, 147, 148, 427, 448, 324, 436 IPC and Section 3(1)(r)(w), (ii), 3(2) (Va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1 of 2016.

Heard. On perusal of the entire material available on record, prima facie there are certain allegations as against the petitioners herein.

Truth or otherwise of the said allegations can be ascertained by the investigating agency during the course of investigation and this Court is not inclined to quash the proceedings in the said crime at the threshold. At this stage, learned counsel for the petitioners submitted that some of the accused were already arrested and in view of the pendency of the above crime, the remaining accused apprehend arrest and also harassment in the hands of the police.

In the same Crime, vide order dated 20.04.2016 in Crl.P.No.5238 of 2016, this Court directed 8 accused persons not to be arrested and directed them to execute personal bonds for a sum of Rs.10,000/- with one surety for the likesum to the satisfaction of concerned Station House Officer. Since that order was passed in the same crime and the petitioners herein are also similarly placed, the same order need be passed in this Criminal Petition.

In view of the above, the police concerned are directed to complete investigation in the said crime and file a final report, if any, in accordance with law without arresting petitioner Nos.22 to 25 on condition of each of them executing a personal bond for a sum of Rs.10,000/- with one surety for the likesum to the satisfaction of concerned S.H.O. Further the said petitioners are directed to give an undertaking before the S.H.O. concerned informing that they will not enter into the village for a period of one month.

Accordingly, the Criminal Petition is disposed of. Miscellaneous Petitions filed in this Criminal Petition, if any, shall stand closed.

_________________ M.S.K.JAISWAL Dt:22.06.2016.

usd