Andhra Pradesh High Court - Amravati
Rapaka Prabhakara Rao vs The State Of Andhra Pradesh on 14 June, 2021
Author: Cheekati Manavendranath Roy
Bench: Cheekati Manavendranath Roy
THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
CRIMINAL PETITION No.2981 of 2021
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.36 of 2021 of Narsapuram Town Police Station, West Godavari District.
Heard learned counsel for the petitioner and the learned Additional Public Prosecutor for the 1st respondent/State.
The aforesaid F.I.R was registered for the offences punishable under Sections 420, 452, 376 r/w 511, 386, 506 r/w 34 IPC and under Sections 3(1)(r)(s), 3(2)V(a) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989.
A reading of the F.I.R prima facie discloses commission of cognizable offences. Specific allegation has been made by the de facto complainant that in the absence of the husband of the de facto complainant that the petitioner trespassed into her house and tried to commit rape on the de facto complainant, which prima facie attracts an offence punishable under Sections 376 r/w 511 IPC.
Although learned counsel for the petitioner would submit that it is a false allegation and the case was falsely foisted against the petitioner by making false allegations, the truth or otherwise of the said allegations is to be ascertained only during the course of investigation. At this stage, there is absolutely no material on 2 record to come to any conclusion that the said allegations made against the petitioner are false allegations. Therefore, this Court does not see any valid legal ground warranting its interference under Section 482 Cr.P.C either to quash the F.I.R or to interdict the investigation.
Therefore, the Criminal Petition lacks merit and it is dismissed.
Miscellaneous petitions, if any pending, in the Criminal Petition, shall stand closed.
_____________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY Date: 14.06.2021 AKN 3 THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY CRIMINAL PETITION No.2981 of 2021 Date: 14-06-2021 AKN