The Court declined to quash criminal proceedings but directed the police to complete the investigation and file a final report without arresting the petitioner, upon obligation to appear.
Direction to police to complete investigation and file final report without arrest; petitioner must appear and file undertaking upon notice.
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.794 OF 2016
ORDER:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 by the petitioner/A-2 seeking to quash the proceedings in Crime No.103 of 2015 on the file of Jetprole (Veepangandla) Police Station, Mahaboobnagar District.
2. Heard and perused the material available on record.
3. The offences alleged against the petitioner are punishable under Sections 429 and 436 I.P.C. and Sections 3(1)(x) and 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
4. The truth or otherwise of the said allegations can be ascertained by the Investigating Agency during the course of investigation. Therefore, this Court is not inclined to interfere with the proceedings against the petitioner in the above crime.
5. At this stage, learned counsel for the petitioner submitted that in view of the pendency of the above crime, the petitioner is apprehending arrest and also harassment in the hands of police.
6. In view of the above submission, the police concerned are directed to complete the investigation and file a final report, if any, without arresting the petitioner. In the event of necessity, the police are directed to issue notice to the petitioner for his appearance before the Investigating Agency for the purpose of investigation. On issuance of such notice, the petitioner shall appear before the Investigating Agency and give an undertaking as to his future appearance as and when required by the Investigating Agency for the purpose of
investigation.
7. With the above directions, the Criminal Petition is disposed of. Miscellaneous petitions pending, if any, in this Criminal Petition shall stand closed.
_________________________ JUSTICE RAJA ELANGO 28.3.2016 AMD
THE HONOURABLE SRI JUSTICE RAJA ELANGO
CRIMINAL PETITION No.794 OF 2016
Date: 28.3.2016
AMD
2 issues framed by the court
Whether the criminal proceedings against the petitioner should be quashed under Section 482 CrPC at this stage.
Whether to grant protection from arrest while the investigation into alleged atrocities and other offences is pending.
3 provisions across 3 enactments
未经列明的请愿人 (Petitioner/A-2)
RAJA ELANGO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
