Telangana High Court
CRLP/14122/2015 of V.Kista Reddy alias Krishna Reddy Vs The State of Telangana.,rep., PP on 31 December 2015
SRI JUSTICE T.SUNIL CHOWDARY CRIMINAL PETITION No.14122 of 2015 ORDER: This petition is filed under Section 482 Cr.P.C. to quash the proceedings against the petitioner/accused in Crime No.661 of 2015 on the file of the Station House Officer, Medchel Police Station, Cyberabad, registered
THE HON’BLE SRI JUSTICE T.SUNIL CHOWDARYCRIMINAL PETITION No.14122 of 2015
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ORDER:
This petition is filed under Section 482 Cr.P.C. to quash theproceedings against the petitioner/accused in Crime No.661 of 2015on the file of the Station House Officer, Medchel Police Station,Cyberabad, registered for the offences under Section 323 I.P.C. andSection 3 (1) (x) of the Scheduled Castes and the Scheduled Tribes(Prevention of Atrocities) Act, 1989.
2. Heard Sri S.Satyam Reddy, the learned senior counselappearing for the petitioner and the learned Public Prosecutorrepresenting the State.
3. A perusal of the record reveals that the petitioner is the soleaccused and the second respondent is the de facto complainant inCrime No.661 of 2015.
4. As per the allegations made in the complaint, on 05.11.2015, thepetitioner herein insulted the second respondent in the name of hiscaste.It is further alleged that the petitioner beat the secondrespondent.
5. Whether the petitioner has committed the alleged offences or notwill come to light during the course of investigation.While exercisingthe inherent power under Section 482 Cr.P.C., the Court has to takeinto consideration the allegations made in the complaint only.TheCourt is not justified in embarking upon an enquiry as to probability,reliability or genuineness of the allegations made in the complaint atthe initial stage of investigation.The material placed before the Courti s prima facie sufficient to investigate into the matter in order toascertain the truthfulness or otherwise of the allegations made in the complaint.
6. Having regard to the facts and circumstances of the case andalso the principles enunciated by the Supreme Court in R.P.Kapoor v.[1][2]State of Punjaband State of Haryana v. Bhajanlal, I am of theconsidered view that it is not a fit case to quash the proceedings at theinitial stage of the investigation.
7. The learned counsel for the petitioner submitted that theconcerned Station House Officer may be directed not to arrest thepetitioner till completion of the investigation.
8. Taking into consideration the facts and circumstances of thecase, this Court is inclined to direct the Station House Officer, MedchelPolice Station, Cyberabad, not to arrest the petitioner/accused inCrime No.661 of 2015 till completion of the investigation.
9. With the above direction, the Criminal Petition is dismissed.
10. Consequently, Miscellaneous Petitions, if any, pending in thisCriminal Petition shall stand closed.
Date: 31.12.2015Ivd
________________________T.SUNIL CHOWDARY, J
[2]AIR 1992 SC 604