Telangana High Court
CRLP/16516/2014 of Yerubandi Veera Venkata Satyanarayna Vs The State of Andhra Pradesh on 31 December 2014
SRI JUSTICE T.SUNIL CHOWDARY CRIMINAL PETITION No.16516 of 2014 ORDER: This petition is filed under Section 482 of Cr.P.C., to quash the proceedings against the petitioners/A1 and A2 in Crime No.140 of 2014 of Nagaram Police Station, East Godavari District, registered for the offences
THE HON’BLE SRI JUSTICE T.SUNIL CHOWDARYCRIMINAL PETITION No.16516 of 2014
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ORDER:
This petition is filed under Section 482 of Cr.P.C., to quash theproceedings against the petitioners/A1 and A2 in Crime No.140 of2014 of Nagaram Police Station, East Godavari District, registered forthe offences under Sections 323, 506 read with 34 IPC and Section3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention ofAtrocities) Act, 1989 (for short, the Act).
Heard the learned counsel for the petitioners and learned PublicProsecutor.
A perusal of the record reveals that the petitioners are A1 andA2 and second respondent is de facto complainant in Crime No.140 of2014. As per the allegations made in the complaint, the petitionersbeat the second respondent and also threatened him with direconsequences.It is further alleged that the petitioners have abusedthe second respondent in the name of his caste. It seems that civillitigation is pending between the parties since long time.
The court has to take into consideration the allegations made inthe complaint only while deciding the petition under Section 482Cr.P.C. The court is not justified in embarking upon an enquiry toascertain reliability or genuineness of the allegations made in thecomplaint at the initial stage of investigation. The material placed onrecord is prima facie sufficient to investigate into the matter in order toascertain the truthfulness or otherwise of the allegations made in thecomplaint.
Having regard to the facts and circumstances of the case and[1]also the principle enunciated in R.P.Kapoor v State of Punjaband[2]State of Haryana v Bhajan Lal, I am of the considered view that this is not a fit case to quash the criminal proceedings at the threshold.
Learned counsel for the petitioners submitted that theconcerned Police may be directed not to arrest the petitioners tillcompletion of investigation. In view of the principle enunciated by theHon’ble Apex Court in Arnesh Kumar v State of Bihar[3], the StationHouse Officer, Nagaram P.S., East Godavari District, is herebydirected to follow the procedure contemplated under Section 41ACr.P.C., in Crime No.140 of 2014 so far as the petitioners/A1 and A2are concerned.
With the above direction, the criminal petition is dismissed.Miscellaneous petitions, if any pending in the criminal petition, shallstand closed.
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T.SUNIL CHOWDARY, J
December 31, 2014.YS
[1]AIR 1960 SC 866[2]AIR 1992 SC 604
[3]2014 (8) SCALE 250