Lakshminarayana vs. The State Of Andhra Pradesh

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

CRIMINAL PETITION NO.8093 of 2019

ORDER:

1. Heard Sri C.Prakash, learned counsel for petitioners and learned Additional Public Prosecutor.

2. This is an application, filed under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C), by the petitioners herein/A1 to A6 in Crime No.122 of 2019 of Rallabudugur police station, Chittoor District, seeking to quash the proceedings in Crime No.122 of 2019 of Rallabudugur police station of Chittoor District, registered for the alleged offences punishable under Sections 324 r/w 34 of the Indian Penal Code,1860 and Sections 3 (1) (r), 3(1)(s), 3 (2)(va) of SC & ST POA Act.

3. According to the learned counsel for the petitioners, the very registration of the crime against the petitioners herein, on the basis of the complaint made by the de facto complainant, is a patent abuse of process of law and the petitioners herein are innocent and they were falsely implicated in the crime and that the allegations made in the FIR against the petitioners herein do not attract the provisions of law mentioned therein. It is also the submission of the learned counsel that even according to the information furnished by the office of the Tahsildar, dated 03.12.2019, there is no passage as alleged in the complaint and the second respondent is having no lands also.

4. On the other hand, it is submitted by the learned Additional Public Prosecutor that the points raised by the learned counsel for the petitioners are required to be gone into at the time of

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investigation and the investigation can not be scuttled at this premature stage under Section 482 of Cr.P.C.

4. A perusal of the complaint made by the de facto complainant which formed basis for registration of crime against the petitioners herein shows that there are prima facie allegations against the petitioners herein and the same are required to be gone into during the investigation by the police authorities.

5. As rightly pointed out by the learned Additional Public Prosecutor, in the absence of any material to demonstrate the abuse of process of law, the invocation of jurisdiction of this Court under Section 482 of Cr.P.C, can not be permitted. In the instant case, the petitioners herein have failed to point out existence of such contingencies.

6. Having regard to the submissions of the learned counsel for petitioners and taking into consideration the nature of the offences alleged against the petitioners, which are punishable with imprisonment of below seven years, this Court deems it appropriate to dispose of the Criminal Petition with a direction to the police to adhere to Section 41A of Cr.P.C.

7. With the above direction, 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

02.01.2020 MP

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