HON'BLE Dr. JUSTICE K.G. SHANKAR
Crl. Petition No.2105 of 2014
Date: 07.07.2014 Between:
Sri Are Palani Swamy and 4 others. .. Petitioners/ A.1 to A.5 AND The State of Andhra Pradesh, through the Public Prosecutor, High Court of A.P., for the S.H.O., Chandanagar P.S., Cyberabad, and another .. Respondents HON'BLE Dr. JUSTICE K.G. SHANKAR Crl. Petition No.2105 of 2014 ORDER:
The petitioners-accused 1 to 5 seek for quashment of First Information Report (FIR) in Crime No.65 of 2014 on the file of Chandanagar Police Station, Cyberabad, Ranga Reddy District. They allegedly committed an offence under Section 3 (1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
2 . The learned counsel for the petitioners submitted that the petitioners did not commit the offence, 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.65 of 2014 on the file of Chandanagar Police Station, Cyberabad, Ranga Reddy 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 criminal petition, shall stand closed.
Dr. JUSTICE K.G. SHANKAR Date: 07.07.2014 Isn