Criminal Petition filed by accused persons apprehending arrest under SC/ST (Prevention of Atrocities) Act and IPC was dismissed. However, Court directed Investigating Officer not to arrest petitioners during investigation.
Criminal Petition dismissed but Investigating Officer directed not to arrest petitioners during investigation.
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HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU
Criminal Petition No.6263 of 2012
O R D E R:
The petitioners 1 to 4/A.1 to A.4 are accused of offences punishable under Section 324/34 IPC and Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 in Cr.No.586 of 2012 of Vijayawada II Town Police Station. There is counter case in Cr.No.587 of 2012 of the same police Station registered for offences under Sections 324, 323 and 506/34 IPC against the 2nd respondent and his family members. In the present F.I.R., though the 2nd respondent described himself as he belongs to ‘madiga’ caste, his name is noted as Charles Sastry, which name indicates otherwise prima facie. It is a case of neighbours fighting with each other. It is for the police to determine as to which of the two parties is the aggressor. The petitioners apprehend their arrest under the Act. At any rate, this Court does not find any reason to prevent investigation of this crime.
In the result, the Criminal Petition is dismissed. However, the Investigating Officer is directed not to arrest any of the petitioners 1 to 4/A.1 to A.4 during investigation and until filing of charge sheet/final report.
____________________________ SAMUDRALA GOVINDARAJULU,J
Dt. 21st August, 2012 PNV
2 issues framed by the court
Whether Criminal Petition filed against aggrieved parties accused under SC/ST (Prevention of Atrocities) Act and IPC requires dismissal.
Whether Investigating Officer should be restrained from arresting petitioners during investigation and until charge sheet.
2 provisions across 2 enactments
Petitioners 1 to 4/A.1 to A.4
2nd respondent and family members
SAMUDRALA GOVINDARAJULU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
