Andhra Pradesh High Court
CRLP/10537/2022 of BATTINI VENKATA RAMANA Vs THE STATE OF ANDHRA PRADESH on 30 December 2022
SRI JUSTICE R. RAGHUNANDAN RAO CRIMINAL PETITION No.10537 of 2022 ORDER: The Petitioner is accused No.1 in Crime No.115 of 2022 on the file of Racherla Police Station, Prakasam District, for the offences under Sections 448, 506 read with 34 of Indian Penal Code and Sections 3(1)(r),
HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO CRIMINAL PETITION No.10537 of 2022
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ORDER:
The Petitioner is accused No.1 in Crime No.115 of 2022 on the file of Racherla Police Station, Prakasam District, for the offences under Sections 448, 506 read with 34 of Indian Penal Code and Sections 3(1)(r), 3(1)(s), 3(2)(va) of SCs & STs Prevention of Atrocities Act, 1989.
2. The Petitioner has filed the present petition for quashing the said complaint on the ground that the complaint itself is a false complaint made solely for the purposes of coercing the petitioner to settle O.S.No.477 of 2022 on the file of the Principal Junior Civil Judge, Giddalur, in favour of the de facto-complainant. Further ground raised by the petitioner is that the de facto-complainant/respondent No.2 does not belong to any community which was notified as SC or ST community and as such the offences under the SCs & STs Prevention of Atrocities Act, 1989 would not apply to the present case.
3. The said contentions raise questions of fact which need proper investigation before it can be held either way. In the circumstances, it would not be appropriate for this Court to intervene in the matter at this stage.
4. Accordingly, the Criminal Petition is dismissed. However, the petitioner shall be entitled to a benefit of notice under Section 41-A of Cr.P.C before any further steps are taken against him.
Miscellaneous petitions, pending if any, in this Criminal Petition shall stand closed.
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R. RAGHUNANDAN RAO, J
30.12.2022 RKS/KPV
HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO
CRIMINAL PETITION No.10537 of 2022
30.12.2022
RKS/KPV