HON’BLE Dr. JUSTICE K.G.SHANKAR Criminal Petition No.7625 of 2014 Date: 16-7-2014 Between M.Sai Kishore and another … Petitioners/ Accused 1 and 2 and The SHO, Nellore V Town PS, Nellore, SPSR Nellore District, Rep. by its Public Prosecutor, High Court Buildings, Hyderabad … Respondent Patcha Sai Ram … Respondent/
De facto Complainant
HON’BLE Dr. JUSTICE K.G.SHANKAR Criminal Petition No.7625 of 2014 Order:
The petitioners/accused 1 and 2 seek for the quashment of First Information Report (FIR) in Crime No.274 of 2014 on the file of V Town Police Station, Nellore, SPSR Nellore District. They allegedly committed the offences under Sections 324, 323 and 341 read with Section 34 IPC and under Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
2. The learned counsel for the petitioners submitted that the petitioners did not commit the offences, as alleged by the 2nd respondent/de facto complainant.
3. Where the investigation is at the threshold on the complaint, it would be appropriate to permit the prosecution to proceed with the complaint. However, where it is contended by the petitioners that the contents of the complaint are false, it would be just and reasonable to restrain Police from arresting the petitioners during the pendency of the investigation.
4. Accordingly, this criminal petition is disposed of granting liberty to Police to proceed with the investigation in Crime No.274 of 2014 on the file of V Town Police Station, Nellore. Police, however, are restrained from arresting the petitioners/accused 1 and 2 during the pendency of the investigation. The miscellaneous petitions, if any, pending in this petition shall stand closed.
Dr. K.G.SHANKAR, J.
16th July, 2014. Ak HON’BLE Dr. JUSTICE K.G.SHANKAR Criminal Petition No.7625 of 2014 16th July, 2014. (Ak)