Medisetti Rama Satyanarayana & Ors. v. The State of A.P
Case at a glance
- Decided
- 04 Jul 2011
- Bench
- N RAVI SHANKAR
Outcome
Disposed of
Accordingly this criminal petition is disposed of at the admission
Provisions considered
Key paragraphs
- Para 55. Accordingly this criminal petition is disposed of at the admission stage. 4th July, 2011. Tjmr ___________________________ JUSTICE N.RAVI SHANKAR THE HON’BLE SRI JUSTICE N.RAVI SHANKAR CRIMINAL PETITION NO.4494 of 2011 DATE: 04.07.2011
Judgment
Cause title
The State of A.P., rep. by Public Prosecutor, High Court of A.P., Hyderabad and another …..Petitioners
Respondents
THE COURT MADE THE FOLLOWING: THE HON’BLE SRI JUSTICE N.RAVI SHANKAR
CRIMINAL PETITION NO.4494 OF 2011
ORDER:
Heard Sri A.S.C. Bose, learned counsel for the petitioners and also learned Additional Public Prosecutor.
Petitioners are accused 1 to 4 in Crime No.72 of 2011 of Annavaram Police Station, East Godavari District. The offences alleged are those punishable under Sections 323 and 506 Part-II read with Section 34 I.P.C. and Section 3 (i) (x) of the Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989. The allegations in the F.I.R. do disclose above offences against the petitioners.
Learned counsel for the petitioners pointed out about the merits of the matter and stated that there is a suit pending which was filed by the petitioner No.1 for recovery of money against the de facto complainant and thereafter the present complaint is given and therefore this itself falsifies the allegations in the complaint. This contention may be true, but whether it is true or not has to be decided on evidence, as it is purely a disputed question of fact. In these circumstances, this petition cannot be entertained and accordingly, the relief for quashing of F.I.R. is rejected.
However having regard to the submissions made by the learned counsel for the petitioners, the police are directed to strictly keep in view Section 41 of Cr.P.C. in taking a decision regarding arrest of the petitioners.
Operative part
Accordingly this criminal petition is disposed of at the admission stage. 4th July, 2011. Tjmr ___________________________ JUSTICE N.RAVI SHANKAR THE HON’BLE SRI JUSTICE N.RAVI SHANKAR CRIMINAL PETITION NO.4494 of 2011 DATE: 04.07.2011
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly this criminal petition is disposed of at the admission
Which statutory provisions did this judgment involve?
Indian Penal Code, 1860 — s. 34; Tribes (Prevention of Atrocities) Act, 1989; Code of Criminal Procedure, 1973 — s. 41.
Which court decided this case, and when?
Andhra Pradesh High Court, on 04 Jul 2011. The bench was N RAVI SHANKAR.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.