Telangana High Court

CRLP/14073/2015 of Karri Satyanarayana Vs Tadapatla Naga Durga Nookaraju on 31 December 2015

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SRI JUSTICE T.SUNIL CHOWDARY CRIMINAL PETITION No.14073 of 2015 ORDER: This petition is filed under Section 482 Cr.P.C. to quash the proceedings against the petitioners/accused Nos.1 to 6 in Crime No.117 of 2015 on the file of the Station House Officer, Yelamanchili (R) Police Station,

THE HON’BLE SRI JUSTICE T.SUNIL CHOWDARYCRIMINAL PETITION No.14073 of 2015

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ORDER:

This petition is filed under Section 482 Cr.P.C. to quash theproceedings against the petitioners/accused Nos.1 to 6 in CrimeNo.117 of 2015 on the file of the Station House Officer, Yelamanchili(R) Police Station, Visakhapatnam Rural, registered for the offencesunder Sections 323, 509 and 341 read with 34 I.P.C. and Section 3 (1)(x) read with 3 (1) (xi) of the Scheduled Castes and the ScheduledTribes (Prevention of Atrocities) Act, 1989.

2. Heard the learned counsel for the petitioners and the learnedPublic Prosecutor representing the State.

3. A perusal of the record reveals that the petitioners are accusedNos.1 to 6 and the first respondent is the de facto complainant in CrimeNo.117 of 2015.

4. As per the allegations made in the complaint, on 12.12.2015 atabout 11:00 PM, the petitioners insulted the first respondent in thename of his caste.It is further alleged that the petitioners beat the firstrespondent and threatened him with dire consequences.

5. Whether the petitioners have committed the alleged offences ornot will come to light during the course of investigation.Whileexercising the inherent power under Section 482 Cr.P.C., the Courthas to take into consideration the allegations made in the complaintonly.The Court is not justified in embarking upon an enquiry as toprobability, reliability or genuineness of the allegations made in thecomplaint at the initial stage of investigation.The material placedbefore the Court is prima facie sufficient to investigate into the matter inorder to ascertain 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 petitioners submitted that thepetitioners are students. Hence, the concerned Station House Officermay be directed not to arrest the petitioners till completion of theinvestigation.

8. Taking into consideration the facts and circumstances of thecase, this Court is inclined to direct the Station House Officer,Yelamanchili (R) Police Station, Visakhapatnam Rural, not to arrestthe petitioners/accused Nos.1 to 6 in Crime No.117 of 2015 tillcompletion 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

[1]AIR 1960 SC 866

[2]AIR 1992 SC 604AIR 1992 SC 604

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