IN THE HIGH COURT OF JUDICATURE AT HYDERABD FOR THE STATE OF TELANGANA AND STATE OF ANDHRA PRADESH THURSDAY THE TWENTYSIXTH DAY OF JUNE TWO THOUSAND AND FOURTEEN PRESENT HONOURABLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION NO. 4870 OF 2012 Between:
K. Shyamala Devi & Ors. … Petitioners/Accused V/s.
The State of Andhra Pradesh Through Station House Officer, Kurnool II-Town Police Station, Represented by Public Prosecutor High Court of AP Hyderabad & Anr. ... Respondents/Complainant Counsel for Petitioners : Sri K.V. Raghuveer Counsel for Respondents : Public Prosecutor The court made the following : [order follows] HONOURABLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION NO. 4870 OF 2012 O R D E R :
This Criminal Petition is filed to quash FIR in Crime No.94 of 2012 of Kurnool II-Town Police Station for alleged offences under section 323, 354, 509 read with section 34 IPC against the petitioners/accused.
2. Heard both sides.
3. Advocate for petitioners submitted that in the FIR, the main allegation attracting offence under section 354 IPC is against A-1 and he is not the petitioner in this criminal petition. He further submitted that the allegations against the petitioners are that they have beat the complainant attracting offence under section 323 IPC. He further submitted that second petitioner is a school teacher and fourth petitioner is a Government employee and on account of this crime, they are apprehending arrest, in which case it will effect their jobs.
4. On the other hand, Advocate for second respondent submitted that the truth or otherwise of allegations can be decided if investigation is conducted, because of the stay granted, no further steps are being taken.
5. I have perused the order of this court dated 08/6/2012. This court stayed all further proceedings in respect of petitioners i.e., A-2 to A-5 only but according to the submission of learned Public Prosecutor in view of stay no further progress is made in the investigation.
6. Considering these aspects, I feel directing the police to proceed with the investigation by not arresting the petitioners till filing of final report, this criminal petition can be disposed of.
7. Accordingly, police are directed to proceed with the investigation and not to arrest the petitioners till completion of investigation and filing of final report.
8. With the above observation, this Criminal Petition is disposed of.
JUSTICE S. RAVI KUMAR .
26/06/2014 I s L HONOURABLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION NO. 4870 OF 2012 Circulation No. 127 Date: 26/06/2014 Court Master: I s L Computer No. 20th Court Hall