THE HONOURABLE SRI JUSTICE R.RAGHUNANDAN RAO
CRIMINAL PETITION No.2401 OF 2021
ORDER:
The petitioner is accused in Cr.No.77 of 2021 in Chapadu Police Station, YSR Kadapa District under Section 353 IPC and Sections 225(1) and 227 (2) (B) of the A.P.Panchayat Raj Act.
2. Sri G.Seena Kumar, learned counsel for the petitioner would submit that a complaint filed against the petitioner was a false complaint made solely for ensuring that she is unable to participate in the electoral process as she was a contesting candidate for an MPTC post. He would also point to the contradiction in the original complaint and the complaint referred in Column No.12 of the First Information Report in the Police Station. He submits that the original complaint said that the petitioner had a scuffle with one Lakshmi Devi while the name of the person, who is said to have a scuffle with the petitioner in Column No.12 of the First Information Report was shown as Lingireddy Swarna Latha. He further submits that it was in effect a scuffle because the other contesting candidate namely C.Rama Devi had tried to interfere when the petitioner was seeking verification in relation to one voter.
3. In these circumstances, Sri G.Seena Kumar would submit that the complaint itself requires to be quashed.
4. It is true that there are discrepancies between the original complaint and the complaint as recorded in Column No.12 of the First Information Report. However, the effect of the said 2 discrepancy would require to be considered in the course of investigation.
5. In the circumstances, it would not be appropriate to interfere with the investigation at this stage.
6. Accordingly, this Criminal Petition is disposed of leaving it open to the petitioner to raise all these issues before the Investigating Officer.
Needless to say, the Investigating Officer shall give the benefit of Section 41-A Cr.P.C to the petitioner strictly in accordance with the directions of the Hon'ble Supreme Court in the judgment of the Arnesh Kumar vs. State of Bihar1.
Consequently, miscellaneous petitions, if any, pending shall stand closed.
_________________________ JUSTICE R.RAGHUNANDAN RAO Date : 16.04.2021 Note:
Furnish C.C. by 17.04.2021.
(B/o.) SPP 1 (2014) 8 SCC 273 3 THE HONOURABLE SRI JUSTICE R.RAGHUNANDAN RAO CRIMINAL PETITION No.2401 OF 2021 Date : 16.04.2021 Note:
Furnish C.C. by 17.04.2021.
(B/o.) SPP