Kosuri Vijaya Lakshmi Vs The State of Andhra Pradesh

THE HON’BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY CRIMINAL PETITION No.5551 OF 2020

ORDER:-

This petition under Section 482 of the Code of Criminal Procedure, 1973, is filed seeking quash of F.I.R in Crime No.247 of 2020 of Pedapudi Police Station, East Godavari District.

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Heard learned counsel for the petitioner and the learned Additional Public Prosecutor.

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On a report lodged by the 2^nd respondent, who is the de facto complainant against the petitioner, a case under Section 506 IPC and under Sections 3(1)(r)(s), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2015 (for short “S.C. and S.T. Act”) was registered against her. The said case is now under investigation.

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Having regard to the allegations set out in the F.I.R which prima facie disclose commission of the aforesaid offences, this Court is of the considered view that the matter requires investigation to find out the truth or otherwise of the said allegations. There are no valid legal grounds emanating from the record warranting interference of this Court under Section 482 Cr.P.C either to quash the F.I.R or to interdict the investigation.

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In the result, the Criminal Petition is dismissed. However, as the offences registered against the petitioner are punishable with less than seven (07) years period of imprisonment, the Investigating Officer is directed to follow the procedure contemplated under Section 41-A Cr.P.C and the guidelines

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prescribed by the Apex Court in Arnesh Kumar v. State of Bihar and another¹ case.

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Miscellaneous Petitions, if any pending, in this Criminal

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Petition, shall stand closed.

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____________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY

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Date: 03-12-2020 AKN