In a criminal petition under Section 482 Cr.P.C. seeking quashing of proceedings for caste-based offences, the court declined to quash the proceedings as injuries to the petitioner's cause could be discovered during investigation.
Directed police not to arrest the petitioner until completion of investigation; criminal petition disposed of.
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THE HON'BLE SRI JUSTICE M.S.K.JAISWAL
CRIMINAL PETITION No.8408 of 2016
ORDER
This petition under Section 482 Cr.P.C. is filed by the petitioner/A1, seeking to quash the proceedings in Crime No.778 of 2015 of Kushaiguda Police Station, Cyberabad District, registered for the offences punishable under Sections 323, 506 I.P.C., and Section 3(1)(x) 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 to quash criminal proceedings instituted for offences under Sections 323, 506 IPC and Section 3(1)(x) of the SC/ST Act.
Whether to direct police not to arrest the petitioner until completion of investigation.
3 provisions across 3 enactments
petitioner/A1
State
M.S.K.JAISWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
