HON'BLE Dr. JUSTICE K.G. SHANKAR
Crl. Petition No.5868 of 2014
Date: 23.07.2014 Between:
Obulreddy Prabhakar Reddy, and 2 others. .. Petitioners/ A.1 to A.3 AND The State of A.P., Rep. by its Public Prosecutor, High Court of Judicature at Hyderabad, and another .. Respondents HON'BLE Dr. JUSTICE K.G. SHANKAR Crl. Petition No.5868 of 2014 ORDER:
The petitioners seek for quashment of First Information Report in Crime No.62 of 2014 on the file of B. Kodur Police Station, YSR Kadapa District. They allegedly committed the offences under Sections 323 and 506 IPC read with Section 34 IPC and under Section 3 (1)(x) of the Scheduled Castes and 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 second 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.62 of 2014 on the file of B. Kodur Police Station, YSR Kadapa District. Police, however, are restrained from arresting the petitioners during the pendency of the investigation.
The miscellaneous petitions, if any pending in this criminal petition, shall stand closed.
Dr. JUSTICE K.G. SHANKAR Date: 23.07.2014 Isn