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since 1985 practicing as advocate in both civil & criminal laws

Sunday, January 27, 2013

under Section 323 IPC and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. =The offence alleged against the petitioner was one under Section 323 IPC and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. = upon intervention of elders and well-wishers, he had compromised the matter with the petitioner.- In the light of afore-stated developments, the very basis for Crime No.137 of 2012 stands negated. The proceedings in Crime No.137 of 2012 on the file of Utnoor Police Station, Adilabad are accordingly quashed.

CRLP 205 / 2013CRLPSR 754 / 2013 
PETITIONERRESPONDENT
A.GEERAIAH  VSTHE STATE OF A.P. REP. BY P.P. HYD. & ANR
PET.ADV. : SURENDER REDDYRESP.ADV. : PUBLIC PROSECUTOR
SUBJECT: U/s.482 Cr.p.c under S.C.and S.T.ActDISTRICT:  ADILABAD
FILING DATE:  07-01-2013POSTING STAGE :  FOR ADMISSIONDISPOSED ON  :  09-01-2013  ANC
REG. DATE    :   07-01-2013LISTING DATE :  09-01-2013STATUS   :  ---------
HON'BLE JUDGE(S):SANJAY KUMAR    

 THE HON’BLE SRI JUSTICE SANJAY KUMAR

CRIMINAL PETITION No. 205 of 2013

ORDER:

          This petition under Section 482 Cr.P.C. is filed by the accused to quash the proceedings in Crime No.137 of 2012 on the file of Utnoor Police Station, Adilabad.

          The offence alleged against the petitioner was one under Section 323 IPC and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.  The second respondent herein, being the de facto complainant alleged that the petitioner had committed acts constituting an offence under the provisions of law
afore-stated. 
 Thereafter, the second respondent by his own affidavit, dated 05.01.2013 stated that he had filed the complaint before the police out of emotion and upon the suggestion of some other employees, though he had no grievance against the petitioner. He further stated that upon intervention of elders and well-wishers, he had compromised the matter with the petitioner.

          Sri Y.Neelakanta Reddy, learned counsel entered appearance for the second respondent and reiterated the contents of the affidavit filed by his client.

          In the light of afore-stated developments, the very basis for Crime No.137 of 2012 stands negated. The proceedings in Crime No.137 of 2012 on the file of Utnoor Police Station, Adilabad are accordingly quashed.
          Accordingly, the Criminal Petition is allowed.
          Criminal Miscellaneous Petition No.188 of 2013 does not survive for consideration in the light of the final order, and is accordingly closed.
                                              

________________
SANJAY KUMAR, J
Date: 10.01.2013

kvni/gm


THE HON’BLE SRI JUSTICE SANJAY KUMAR
                           
























Crl.P.No.9640 of 2012












9.1.2013

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