Sri Ajay Kumar, v. The State of Andhra Pradesh
Case brief
What is this about?
Petitioner challenged establishment case of cognizance of an FIR against him for alleged offence under SC & ST (Prevention of Atrocities) Act, 1989. Court ordered police to expedite investigation and refrained from arresting petitioner as investigation is going on.
What did the court decide?
Ordering police to expedite investigation and refraining from arresting petitioner as investigation is pending.
What the court decided
The Hon’ble Sri Justice S.Ravi Kumar
Criminal Petition No.2528 of 2012
Order:
This Criminal Petition is filed to quash First Information Report (FIR) in Crime.No.1074 of 2011 on the file of Sanjeevareddy Nagar Police Station, Hyderabad, for alleged offence under Section 3 (1) (x) of SC & ST (Prevention of Atrocities) Act, 1989 (for short ‘the Act’).
Advocate for petitioner submitted that this is a clear case of abuse of provisions of the Act; that there are voluminous documents to show that respondent No.2 is in the habit of abusing the provisions of the Act; that the petitioner is a Senior Officer in the A.P.State Office of the National Commission for Scheduled Castes; that false allegations are made against him and that this is a fit case to quash the proceedings in the aforesaid Crime.
I have perused all the material papers filed along with the quash petition including the FIR copy On a perusal thereof, I feel, without going into the merits and demerits of the case, this petition can be disposed of directing
Police to expedite the investigation and complete it as early as possible and till such time, not to arrest the petitioner.
With the above observation, the Criminal Petition is disposed of.
Issues for consideration
3 issues framed by the court
Whether this criminal petition for quashing FIR proceedings pending investigation can be disposed of directing police to expedite investigation without arresting the petitioner.
Whether false allegations could be said to be made against the Commissioner of Scheduled Castes by the matter on hand.
Whether police can be directed to prevent arrest of the petitioner in a case involving false cognizance of offence under the Act.
Coram
S. Ravi Kumar
Case details
As recorded by the court registry
- Court
- Telangana HC
- Decided on
- · August
- Registered
- Case no.
- CRLP/2528/2012
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