Andhra Pradesh High Court - Amravati
Velugula Krishnarjunudu, 5 Others, vs The State Of Ap Rep By Its Pp Hyd., ... on 7 November, 2019
Author: G.Shyam Prasad
Bench: G.Shyam Prasad
HON'BLE SRI JUSTICE G.SHYAM PRASAD
CRIMINAL PETITION No.9828 OF 2013
ORDER:
This is a petition filed under Section 482 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C.'), by the petitioners-accused Nos.1 to 6, seeking to quash the proceedings against them in F.I.R.No.112 of 2013 on the file of Gollaprole Police Station, East Godavari District, for the offence punishable under Section 3 (1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
2. Heard the arguments of learned counsel for the petitioners and learned Public Prosecutor.
3. The petitioners 1 to 6 are accused Nos.1 to 6 in F.I.R.No.112 of 2013 referred above. On the complaint of 2nd respondent, a case has been registered by the police and thereafter the present petition is filed by the petitioners for quashing of the proceedings in F.I.R.No.112 of 2013 against them.
4. The facts of the case are as follows-
The 2nd respondent lodged a complaint on 29.07.2013 at 21-00 hours before Durgada Police Station, Gollaprole Mandal, East Godavari District alleging that the 2nd respondent was elected as "Surpanch" in the Grama Crl.P.No.9828 of 2013 2 Panchayat elections conducted on 27-07-2013 in Durgada Gram Panchayat. On 28-07-2013 evening at 5-30 P.M., the 2nd respondent started for rounding the Durgada Gram Panchayat people along with their followers to meet and thank the villagers for casting their vote in her favour and elected her as Surpanch of Durgada Gram Panchayat. In that evening at about 7-00 P.M. while they reached opposite Viswabharathi School, one Velugula Krishnarjunudu S/o. Kannaiah, Pakalapati Satyanarayana S/o. Venkatapathi Raju, Buddaraju Satyanarayana Raju, Siddanthapu Channabbai, Munneani Raju S/o. Musalaiah, Desaneedi Koteswara Rao S/o. Babji, abused her in filthy language, armed with sticks conducted rioting. Then they went away due to fear and she too returned home with fear. The 2nd respondent filed a false case as a counter blast over complaint dated 29-07-2013 at 21-00 hours, under Section 3 (1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, against the petitioners. The offences are non-cognizable and non-bailable offences. The ingredients of Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 are not present in the complaint. In fact, the criminal proceeding are initiated with a malafide intention to wreck vengeance.
5. Learned counsel for the petitioners submits that the complaint did not disclose that they attract provisions under Section 3 (1) (x) of the Scheduled Castes and Scheduled Crl.P.No.9828 of 2013 3 Tribes (Prevention of Atrocities) Act, 1989, therefore, sought for quashing the proceedings.
6. Learned Public Prosecutor submits that since this is a F.I.R. registered in the year 2013, in view of the stay order, no further investigation is done, the police be permitted to investigate this matter and file charge sheet in this case.
7. Considering the submissions of both the counsel, in view of the facts and circumstances of the case, it is appropriate to direct the Investigating agency to complete the investigation in this matter by following the procedure under Section 41-A Cr.P.C. as per the guidelines rendered by the Hon'ble Apex Court in Arnesh Kumar v. State of Bihar and another1"
and filed charge sheet as per the procedure.
8. With these observations, the criminal petition is disposed of.
Miscellaneous petitions, if any pending, shall also stand closed.
______________________ G.SHYAM PRASAD,J Date: 07-11-2019 ARR 1 (2014) 8 SCC 273 Crl.P.No.9828 of 2013 4 THE HON'BLE SRI JUSTICE GUDISEVA SHYAM PRASAD CRIMINAL PETITION No.9828 OF 2013 DATED : 07-11-2019 ARR