HON’BLE Dr. JUSTICE K.G.SHANKAR Criminal Petition No.6172 of 2014 Date: 08-7-2014 Between Narla Venkata Sesha Sai Sandhilya Kumar and 3 others … Petitioners/ Accused 1 to 4 and The State of A.P., Rep. by its Public Prosecutor, TP & AP High Court, Hyderabad (SHO, Kadapa PS, Kadapa District) … Respondent Sodagiri Sravan … Respondent/
De facto Complainant
HON’BLE Dr. JUSTICE K.G.SHANKAR Criminal Petition No.6172 of 2014 Order:
The petitioners are accused 1 to 4. They allegedly committed offences under Sections 363, 324 and 506 read with Section 34 IPC as well as under Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (the SCs/STs Act, for short). The petitioners seek for the quashment of the First Information Report (FIR).
2. The learned counsel for the petitioners submitted that while the FIR was registered on 23-3-2014, the FIR disclosed that the offence occurred on 25-5-2014.
This would appear to be an incorrect entry of the date of the FIR. At any rate, the case is pending investigation.
Consequently, this discrepancy in the dates will be explained by the prosecution.
3. It is the case of the prosecution that the 2nd respondent-de facto complainant, who is a student of B.Tech., has been in love with the daughter of the 2nd petitioner-accused No.2. It is the further case of the prosecution that on 25-5-2014, accused 1 to 4 took the 2nd respondent in a jeep to a remote colony, abused him with reference to his community and also beat him.
As the 2nd respondent is a member of the Scheduled Caste, case was instituted under the provisions of the SCs/STs Act as well as under other Sections under IPC.
4. Where the investigation is at the threshold, I consider that it would be appropriate for the Police to proceed with the investigation. I also consider that during the pendency of the investigation, the Police may not arrest the petitioners as the petitioners 1 and 3 would appear to be students and the 2nd petitioner appears to be a Head Constable.
5. Consequently, this criminal petition is disposed of directing Police to proceed with the investigation of the FIR in Crime No.146 of 2014 on the file of Chinna Chowk Police Station, Kadapa, Kadapa District, subject to the condition that the Police shall not arrest the petitioners- accused 1 to 4 during the pendency of the investigation in connection with this case. The petitioners shall cooperate with the investigation. The miscellaneous petitions, if any, pending in this petition shall stand closed.
Dr. K.G.SHANKAR, J.
08th July, 2014. Note:-
Issue C.C. in three days. (B/o) Ak HON’BLE Dr. JUSTICE K.G.SHANKAR Criminal Petition No.6172 of 2014 08th July, 2014. (Ak)