The Court dismissed the petition to quash criminal proceedings under IPC 420 and SC/ST (Prevention of Atrocities) Act as allegations need investigation. An interim direction not to arrest the petitioner was issued until investigation completes.
Directions to police not to arrest petitioner 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.8386 of 2016
ORDER
This petition under Section 482 Cr.P.C. is filed by the petitioner/accused, seeking to quash the proceedings in Crime No.136 of 2016 of Adibatla Police Station, Cyberabad District, registered for the offences punishable under Section 420 I.P.C., and Section 3(1)(r(s)) of the Scheduled Castes and Schedules Tribes (Prevention of Atrocities) Act, against him.
2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor representing the State.
3. As seen from the complaint, it is evident that there are certain allegations against the petitioner. The truth or otherwise of the allegations made against the petitioner 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 petitioner until completion of investigation.
5. Miscellaneous petitions, if any, pending in this criminal petition shall stand closed.
________________ M.S.K.JAISWAL,J
Date:17.06.2016
pab
2 issues framed by the court
Whether the criminal proceedings initiated against the petitioner for cheating and persecution of SC/ST should be quashed at the stage of investigation?
Whether there is a need to arrest the petitioner during the pendency of the investigation?
3 provisions across 3 enactments
Petitioner/Accused
State
M.S.K. Jaiswal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
