In a criminal petition to quash proceedings under Section 3(1)(x) of the SC/ST Act, the court directed police to investigate the matter without arresting the petitioner and to file a final report, noting that contentions were of a disputable nature.
Directed police to investigate without arresting the petitioner and file a final report.
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THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.4346 OF 2013
ORDER
Petitioner-accused approached this Court seeking to quash the proceedings in crime No.31 of 2013 of Coringa Police Station, East Godavari District, registered for the offence punishable under Section 3 (1) (x) of SC ST (POA) Act.
Heard arguments and perused the record.
Learned counsel for the petitioner contends that though the offence alleged to taken place on 20.3.2010, but the same was registered nearly after three years i.e., on 16.3.2013. He further contends that the petitioner has already paid the amount due to the second respondent-complainant and only to harass the petitioner, the second respondent filed the complaint on vague and baseless allegations.
At this stage, this Court cannot look into the contentions raised by the learned counsel for the petitioner, which are dispute in nature. Further, since the offence alleged against the petitioner is arising out of financial disputes, the respondentPolice are directed to investigate the matter without arresting the petitioner herein and file final report, if any.
Accordingly, the Criminal Petition is disposed of.
Miscellaneous petitions pending in this Criminal Petition, if
any, shall stand closed.
JUSTICE RAJA ELANGO
29th April, 2013 rkk
1 issue framed by the court
Whether criminal proceedings registered for SC/ST offence arising from financial dispute can be quashed at this stage.
1 provisions across 1 enactments
Petitioner
Second Respondent
Raja Elango
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
