Smt. Pichapati Rajeswari, vs State Of Andhra Pradesh
2021 Latest Caselaw 1838 AP

     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

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

(2014) 8 SCC 273

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