This order addressed a criminal petition filed under Section 482 Cr.P.C. to quash proceedings involving offences under the IPC and the SC/ST Act. The Court declined to quash the proceedings as the truth of allegations requires investigation.
Directed police not to arrest the petitioners until completion of investigation.
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 HON'BLE SRI JUSTICE M.S.K.JAISWAL
CRIMINAL PETITION No.8067 of 2016
ORDER
This petition under Section 482 Cr.P.C. is filed by the petitioners/A2 and A2, seeking to quash the proceedings in Crime No.50 of 2016 of Draksharama Police Station, East Godavari District, registered for the offences punishable under Sections 427 I.P.C., and Sections 3(1)(iv)(v)(x)(xi) of the Scheduled Castes and Schedules Tribes (Prevention of Atrocities) Act, against them.
2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor representing the State.
3. As seen from the complaint, it is evident that there are certain allegations against the petitioners. The truth or otherwise of the allegations made against the petitioners in the complaint can be ascertained by the investigating agency during the course of investigation. Therefore, this Court is not inclined to quash the impugned proceedings.
4. Hence, this Criminal Petition is disposed of, directing the police not to arrest the petitioners until completion of investigation.
5. Miscellaneous petitions, if any, pending in this criminal petition shall stand closed.
M.S.K.JAISWAL,J
Date:16.06.2016
pab
1 issue framed by the court
Whether the proceedings registered for offences under Section 427 IPC and Sections 3(1)(iv)(v)(x)(xi) of the Scheduled Castes and Schedules Tribes (Prevention of Atrocities) Act should be quashed befo
3 provisions across 3 enactments
Petitioners/A2 and A2
State
M.S.K. Jaiswal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
