Dismissed

T.Ashok, v. The State of Andhra Pradesh

Telangana HC11 Nov 2014CRLP/2856/2010

Case brief

AI extract

What is this about?

The court dismissed a petition under Section 482 Cr.P.C. seeking quashing of proceedings under IPC 353 and SC/ST Act, citing sufficient prima facie material. While dismissing the quashing plea, the court directed non-arrest pending investigation relying on prior stay and Arnesh Kumar guidelines.

What did the court decide?

Petition dismissed; direction to SHO not to arrest accused pending investigation without following Section 41 A Cr.P.C.

T.Ashok, Vs The State of Andhra Pradesh — Caste Atrocities | Telangana HC (2014)

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THE HON’BLE SRI JUSTICE T. SUNIL CHOWDARY

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CRIMINAL PETITION No.2856 OF 2010

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ORDER:

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1 This petition is filed under Section 482 Cr.P.C. to quash the proceedings in Cr.No.24 of 2010 on the file of Station House Officer, Boinpalli Police Station, Karimanagar District registered for the offences punishable under section 353 of IPC and Section 3 (1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1988.

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2 The learned counsel for the petitioners submitted that at the instance of the Village Revenue Officer, the second respondent foisted a false case against the petitioners. He further submitted that the allegations made in the complaint do not constitute the offences alleged.

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3 On the other hand, the learned Public Prosecutor submitted that the allegations made in the complaint prima facie constitute the alleged offences.

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4 A perusal of the record reveals that the petitioners are A.1, A.2 and A.4 and the second respondent is the de-facto complainant in Cr.No.24 of 2010 on the file of Station House Officer, Boinpalli Police Station, Karimanagar District. As per the averments made in the complaint, on 09.03.2010, the petitioners, while lifting sand, abused the second respondent in the name of his caste with an intention to insult him. It is further alleged that the petitioners prevented the second respondent from discharging his official duties.

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5 While deciding the petition filed under Section 482 Cr.P.C, the Court has to take into consideration the allegations made in the complaint only. The Court is not justified in embarking upon the enquiry to ascertain the truthfulness or otherwise of the allegations made in the complaint at the initial stage of investigation. The material placed before the Court is, prima facie, sufficient to investigate into the matter against the petitioners for the alleged offences.

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6 Having regard to the facts and circumstances of the case on hand and also the principle laid down in R.P.Kapoor v. State of Punjab and State of Haryana v. Bhajan Lal, I am of the view that this is not a fit case to quash the proceedings at this stage.

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7 The learned counsel for the petitioners submitted that the Station House Officer, Boinpalli Police Station, Karimanagar District, may be directed not to arrest the petitioners pending investigation in the crime.

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8 A perusal of the record reveals that on 25.03.2010 this Court granted interim stay

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in Cr.No.24 of 2010 of Boinpalli Police Station, Karimanagar District, and the same has been in force till today. In view of the interim orders granted earlier by this Court and also in view of the principle laid down by the Hon’ble apex Court in Arnesh Kumar Vs. State of Bihar, the Station House Officer, Boinpalli Police Station, Karimanagar District, is hereby directed not to arrest the petitioners, who are accused Nos.1, 2 and 4 in Cr.No.24 of 2010, till completion of investigation or filing of report without following the procedure contemplated under Section 41 A of Cr.P.C.

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9 Accordingly, this criminal petition is dismissed. As a sequel, the miscellaneous petitions, pending if any, shall stand closed.

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_________________________ T. SUNIL CHOWDARY, J.

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Date: 11.11.2014. Kvsn

T.Ashok, v. The State of Andhra Pradesh

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T.Ashok, v. The State of Andhra Pradesh

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