HON’BLE Dr. JUSTICE K.G.SHANKAR Criminal Petition No.7327 of 2014 Date: 11-8-2014 Between Nallagachu Srinivasa Rao and 4 others … Petitioners/ Accused 1 to 5 and The State of A.P., SHO, Ibrahimpatnam PS, Ibrahimpatnam, Krishna District, Rep. by Public Prosecutor, High Court, Hyderabad … Respondent Namburi Ramesh … Respondent/
De facto Complainant
HON’BLE Dr. JUSTICE K.G.SHANKAR Criminal Petition No.7327 of 2014 Order:
The petitioners-accused 1 to 5 seek for quashment of First Information Report (FIR) in Crime No.348 of 2014 on the file of Ibrahimpatnam Police Station, Ibrahimpatnam, Krishna District. They allegedly committed the offences under Sections 352, 323, 506, 447 and 427 read with Section 34 IPC and under Sections 3(1)(v), (ix) and (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.348 of 2014 on the file of Ibrahimpatnam Police Station, Ibrahimpatnam, Krishna District. Police, however, are restrained from arresting the petitioners- accused 1 to 5 during the pendency of the investigation. The miscellaneous petitions, if any, pending in this petition shall stand closed.
11th August, 2014.
Dr. K.G.SHANKAR, J.
Ak HON’BLE Dr. JUSTICE K.G.SHANKAR Criminal Petition No.7327 of 2014 11th August, 2014. (Ak)