V.Gangadhar vs. State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE A.V.SESHA SAI

CRIMINAL PETITION NO.1610 of 2020

ORDER:

1. Accused No.1 in Crime No.4 of 2020 of CCS, Kurnool Police Station, Kurnool is the petitioner in the present Criminal Petition filed under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C). In the present Criminal Petition, the petitioner herein is praying this Court to quash the proceedings in FIR No.4 of 2020 of CCS, Kurnool Police Station, registered for the alleged offence punishable under Section 420 of the Indian Penal Code, 1860 and Sections 3(1)(s), 3(1)(z)(za)(E) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act),2015.

2. According to the learned counsel for petitioner, the very registration of crime against the petitioner herein, is a patent abuse of process of law and the petitioner herein is falsely implicated in the Crime.

3. On the contrary, it is submitted by Sri K.Anand Kumar, learned Assistant Public Prosecutor that in view of the prima facie allegations set out in the complaint, the present application, filed under Section 482 of the Cr.P.C, is not maintainable.

4. In view of the prima facie allegations in the complaint, this Court is not inclined to quash the proceedings. But having regard to the submissions made by the learned counsel for petitioner and the nature of the alleged offences, this Court deems it appropriate

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to dispose of the Criminal petition with a direction to the police authorities to adhere to Section 41A of the Cr.P.C.

5. Accordingly, the Criminal Petition is disposed of.

As a sequel, miscellaneous petitions pending, if any in the Criminal Petition, shall stand closed.

__________________ A.V.SESHA SAI, J

19.03.2020 MP