Draft order dismissing a petition under Section 482 Cr.P.C. seeking quashment of proceedings under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The Court held that allegations require investigation before quashing and dismissed the petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HONOURABLE SRI JUSTICE RAJA ELANGO
CRIMINAL PETITION No.3471 of 2016
ORDER:
This Criminal Petition is filed under Section 482 of Code of Criminal Procedure (Cr.P.C.) to quash the proceedings in crime No.105 of 2015 on the file of the Police Station, Lingala Ghanpur, Warangal District, registered for the offence under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
Heard and perused the material.
On perusal of the entire material available on record, prima facie there are allegations against the petitioners, which are to be investigated into by the police. Hence, this Court is not inclined to quash the impugned proceedings at this stage.
The Criminal Petition is accordingly dismissed. Miscellaneous Petitions pending in this Criminal Petition, if any, shall stand closed.
_____________________ JUSTICE RAJA ELANGO
16.03.2016 pln
1 issue framed by the court
Whether criminal proceedings for SC/ST atrocity offence should be quashed at the initial stage of investigation.
2 provisions across 2 enactments
Petitioner
RAJA ELANGO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
