HON’BLE Dr. JUSTICE K.G. SHANKAR
Crl. Petition No.1748 of 2014
Date: 04.08.2014 Between:
K.V. Subash, and 2 others. .. Petitioners/ A.1 to A.3 AND The State of A.P., rep.by its Public Prosecutor, High Court of A.P., Hyderabad, and another. .. Respondents HON’BLE Dr. JUSTICE K.G. SHANKAR
Crl. Petition No.1748 of 2014
ORDER:
The petitioners are A.1 to A.3. They seek for quashment of the First Information Report (FIR) in Crime No.171 of 2013 of Annavaram Police Station, East Godavari District. They allegedly committed an offence under Section 3 (1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
The learned counsel for the petitioners submitted that the son of the second respondent/de facto complainant owned an auto and that the father of the deceased in the auto accident involved in the auto of the son of the second respondent lodged a complaint which was registered as FIR under Section 304-A IPC. It is the case of the learned counsel for the petitioners that the present case was foisted against the petitioners by way of retaliation. On the other hand, the learned counsel for the second respondent submitted that the petitioners are highly influential people and that the son of the second respondent himself was with the fourth accused.
Be that as it may, there is allegation and counter allegation that the petitioners committed the offence u/s.3(1) (x) of the Act in residence thereof. In view of the question being a question of fact, I consider that it would be appropriate for the petitioners to direct the police to proceed with the investigation.
The learned counsel for the second respondent submitted that the petitioners are powerful people and that the petitioners have not been arrested so far. At any rate, where the petitioners have not been arrested so far perhaps in view of Section 41 Cr.P.C. after its amendment, I consider it appropriate to direct the petitioners from the arrest but direct the police to proceed with the investigation.
Accordingly, the Criminal Petition is disposed of directing police to proceed with the investigation in Crime No.171 of 2013 of Annavaram Police Station, East Godavari District with a condition that the petitioners shall not be arrested till charge sheet/final report is filed.
Miscellaneous Petitions, if any pending in this Criminal Petition, shall stand closed.
Dr. K.G. Shankar, J.
Date: 04.08.2014 Isn