The court declined to quash the criminal proceedings against the petitioner, directing that investigation continue while the Investigating Officer strictly follows Section 41-A Cr.P.C. procedures for arrest.
Proceedings not quashed; investigation to continue. IO to follow Section 41-A Cr.P.C.; accused to cooperate.
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.
HONOURABLE SRI JUSTICE U.DURGA PRASAD RAO
CRIMINAL PETITION No.3480 of 2018
ORDER:
This Criminal Petition is filed by the petitioner/accused seeking to quash the proceedings against him in Crime No.20 of 2018 of Hiramandalam Police Station, registered for the offences under Sections 195, 506 and 509 and under Section 3 (i) (r) (s) of the Scheduled Caste and Scheduled Tribe (POA) Act.
The brief facts of the complaint allegations are that the defacto complainant is a Medical Officer in CHC, Hiramandalam in Srikakulam District, working on contract basis since February, 2017 and she belongs to Schedule Tribe community. The petitioner is working as Community Health Officer and he used to harass her and abuse her in vulgar words in the name of her caste and was threatening her by using his power as Union Leader.
Investigation is reported to be pending.
The submission of learned counsel for petitioner is that all the complaint allegations are false and earlier she filed similar type of complaint in F.I.R.No.7 of 2018. The petitioner filed Crl.P.No.1569 of 2018 (IPPILI NARAYANA RAO v. THE STATE OF ANDHRA PRADESH) dated 12th February, 2018) to quash the proceedings in F.I.R.No.7 of 2018 whereunder this court ordered the police to follow the procedure contemplated under Section 41-A Cr.P.C.
Learned counsel for the petitioner would submit that the present complaint is off shoot of the earlier complaint and therefore,
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a similar order may be passed as the petitioner is a Government employee and his arrest may jeopardize his employment.
Perused the complaint. It is informed that investigation is in the initial stage and hence this court is not inclined to quash the proceedings at this stage and therefore, the investigation shall continue to its logical end. Meanwhile, the Investigating Officer shall strictly follow the procedure contemplated under Section 41-A Cr.P.C. towards the petitioner and the petitioner is also directed to cooperate with the Investigating Agency for smooth completion of investigation.
This Petition is disposed of accordingly.
As a sequel, miscellaneous applications pending if any, shall stand closed.
______________________________ JUSTICE U.DURGA PRASAD RAO Dated 22nd March, 2018. Issue CC tomorrow. BO Dvs
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HONOURABLE SRI JUSTICE U.DURGA PRASAD RAO
CRIMINAL PETITION No.3480 of 2018
Dated 22nd March, 2018.
Note :
Issue CC tomorrow. BO
Dvs
3 issues framed by the court
Whether the proceedings against the accused for caste-based harassment and threat should be quashed.
Whether the consent of the accused under Section 41-A Cr.P.C. should be obtained before arrest.
Whether investigation is in a stage where judicial intervention is warranted.
Colour shows how this judgement treated each authority
IPPIILI NARAYANA RAO v. THE STATE OF ANDHRA PRADESHReferred¶7
Crl.P.No.1569 of 2018 (IPPILI NARAYANA RAO v. THE STATE OF ANDHRA PRADESH)
5 provisions across 3 enactments
Petitioner/Accused
State
U.Durga Prasad Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
