Dismissed

Pendam Veera Venkata Satyanarayana v. State of Ap., Rep.byits

Telangana HC27 Feb 2012CRLP/2080/2012

Case brief

AI extract

What is this about?

This order dismisses a criminal petition under Section 482 CrPC seeking quashing of proceedings for caste-based offences. The Court held that delay in FIR registration due to police inaction regarding a relative does not per se establish abuse of process requiring quashing.

What did the court decide?

Criminal Petition under Section 482 CrPC dismissed; proceedings not quashed.

Pendam Veera Venkata Satyanarayana Vs State of Ap… — Caste Atrocities | Telangana HC (2012)

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THE HON'BLE SRI JUSTICE K.C.BHANU CRIMINAL PETITION NO. 2080 OF 2012

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O R D E R:

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This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973, is filed to quash the proceedings in Crime No.184 of 2011 of Indrapalem Police Station, East Godavari District.

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2. On a report lodged by the second respondent/ defacto complainant, police registered the case for the offences under Sections 323 and 427 read with IPC and Section 3(1) (x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, ‘the Act’).

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3. Learned counsel for the petitioner contended that the alleged incident had taken place on 07.08.2011 and the case is registered after nearly two months thereafter, and so, continuation of the impugned proceedings is nothing but abuse of process of Court and hence, he prays to quash the proceedings.

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4. Inherent powers of this Court under Section 482 Cr.P.C. can be invoked when there is abuse of process of Court or to secure the ends of justice or to carry out orders passed under the Code. When the allegations in the complaint do not make out a prima facie case of the offence alleged, then only the proceedings can be quashed. At the threshold, the petitioners must show that continuation of proceedings is nothing but abuse of process of Court.

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5. Section 3(1) (x) of the Act reads that whoever, not being a member of Scheduled Caste or Scheduled Tribe intentionally insults or intimidates with intent to humiliate a member of Scheduled Caste or Scheduled Tribe in any place within public view is punishable.

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6. The incident is alleged to have taken place on 07.08.2011. No doubt, there is a delay in lodging the report. But, as seen from the record, the second respondent/ defacto complainant lodged the report on the same day, but no action was taken by the police. As the accused is said to be relative of the Deputy Superintendent of Police, the Sub Inspector of Police had not registered the case immediately. Then, the matter was brought to the notice of the Superintendent of Police concerned along with the complaint and paper cutting. Basing on the same, police registered the case.

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7. Whether it is a false case or not, or whether delay by itself can be taken as a ground not to proceed further in the matter, is required to be investigated into by the investigating officer. Therefore, there are no grounds to quash the impugned proceedings.

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8. Accordingly, the Criminal Petition is dismissed.

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____________________

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JUSTICE K.C.BHANU

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FEBRUARY 27, 2012 DRK

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THE HON'BLE SRI JUSTICE K.C.BHANU

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CRIMINAL PETITION NO. 2080 OF 2012