Criminal Petition filed to quash proceedings for caste abuse and land trespass. Court held prima facie accusation warrants investigation. Investigation under Section 41-A Cr.P.C. directed. Petition dismissed.
Investigation ordered to proceed under Section 41-A Cr.P.C.; Criminal Petition dismissed.
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HONOURABLE SRI JUSTICE U.DURGA PRASAD RAO
CRIMINAL PETITION No.3493 of 2018
ORDER:
This Criminal Petition is filed under Section 482 Cr.P.C. by the petitioners/A.1 & A.2 seeking to quash proceedings against them in Crime No.19 of 2018 of Chengomol Police Station, Vikarabad District, registered for the offences under Sections 504 I.P.C. and 3(1)(r)(s) of the Scheduled Caste and Scheduled Tribe (POA) Amendment Act, 2015.
The brief facts of the complaint are that on 11-3-2018 when both the accused were plucking the tamarind fruits in the land bearing S.No.65 of Puduru village belonging to one P.Balakrishna Reddy, defacto complainant went there and informed them that he took the said land on lease and since said tree stands on the said leasehold land, requested them not to pluck the tamarind fruits. On that both the accused abused him in the name of his caste. On his complaint, F.I.R. was registered and the matter is under investigation.
In view of the prima facie accusation, it is not a fit case to quash the proceedings at this stage. Hence, investigation shall lead to the logical conclusion. However, the Investing Officer shall strictly follow the procedure contemplated under Section 41-A Cr.P.C. during the course of investigation towards the petitioners and the petitioners shall cooperate with the Investigating Agency for smooth completion of investigation.
This Criminal Petition is disposed of accordingly.
2
As a sequel, miscellaneous applications pending if any, shall
stand closed.
JUSTICE U.DURGA PRASAD RAO
Dated 22nd March, 2018. Dvs
3
HONOURABLE SRI JUSTICE U.DURGA PRASAD RAO
CRIMINAL PETITION No.3493 of 2018
Dated 22nd March, 2018.
Dvs
1 issue framed by the court
Whether the criminal proceedings for caste abuse and land lease infringement are a fit case for quashing under Section 482 Cr.P.C.
4 provisions across 3 enactments
A.1 & A.2
P.Balakrishna Reddy
U.Durga Prasad Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
