Andhra Pradesh High Court - Amravati
Malla Siddhartha, vs The State Of Andhra Pradesh, on 25 November, 2020
Author: Cheekati Manavendranath Roy
Bench: Cheekati Manavendranath Roy
THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
CRIMINAL PETITION No.5136 of 2020
ORDER:
This criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') is filed seeking quash of F.I.R. in crime No.329 of 2020 of Kanchili Police Station, Srikakulam District.
2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor appearing for respondent No.1-State.
3. On a report lodged by respondent No.2, who is the defacto complainant, the above crime was registered for the offences punishable under Sections 353 and 506 read with Section 34 I.P.C. and Section 3(1)(r) & 3(2)(1-B) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'the SC & ST Act') against the petitioners. The said case is now under investigation.
4. Having regard to the specific allegations ascribed against the petitioners in the above crime, which, prima facie, constitutes offences punishable under Sections 353 and 506 I.P.C., this Court do not find any valid legal ground warranting its interference, in exercise of its inherent powers, under Section 482 Cr.P.C. and to quash the said crime or to interdict the investigation.
5. Therefore, the Criminal Petition is dismissed. However, as the offences registered against the petitioners are all punishable with less than seven (7) years period of imprisonment, the Investigation Officer is directed to follow the procedure contemplated under Section 41A Cr.P.C.
As a sequel, pending miscellaneous petitions, if any, shall stand closed.
________________________________ CHEEKATI MANAVENDRANATH ROY, J 25th November, 2020 GHN 2 CMR,J W.P.No.21881 of 2020