Citation : 2021 Latest Caselaw 1883 AP
Judgement Date : 7 May, 2021
.
[ 3206 J]
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
FRIDAY, THE SEVENTH DAY OF MAY,
TWO THOUSAND AND TWENTY ONE
:PRESENT: -- i
THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO ¢=
CRIMINAL PETITION NO: 2852 OF 2021
Between: ae
Saladi Satyanarayana, S/o Late Veeraraghavulu, Male, Hindu, aged 56 years, cae
Journalist in Eenadu News Paper, D.No.2-134/3, Behind Sivaalayam Seethangaram --
Village & Mandal, E.G. Dist.
.. Petitioner/A2
AND
1. The State of Andhra Pradesh, by its Public Prosecutor, High Court at
Amaravathi. .
2. Bandi Satyaprasad, S/o Chandra Rao, R/o D.No.1-118, Purushottampatnam
Seethanagaram Mandal, East Godavari District.
. ...Respondents
Petition under Section 482 of Cr.P.C, praying that in the circumstances stated in
the memorandum of grounds of Criminal Petition, the High Court may be pleased to
quash the Crime.No.142 of 2021 under section under Sec.506 of I.P.C and 3(1)(s) &
3(2)(va), of SC ST POA ACT Seethangaram P.S, East Godavari District.
IA NO: 1 OF 2021
Petition under Section 482 of Cr.P.C praying that in the circumstances stated in
the memorandum of grounds of criminal petition, the High Court may be pleased to stay
the investigation in Crime.No.142 of 2021 under section under Sec.506 of I.P.C and
3(1)(s) & 3(2)(va), of SC ST POA ACT Seethangaram P.S, East Godavari District
including arrest of the accused, pending disposal of CRLP 2852 of 2021, on the file of
the High Court.
The petition coming on for hearing, upon perusing the Petition and the
memorandum of grounds of criminal petition and upon hearing the arguments of Sri
N.VIJAY, Advocate for the Petitioner and Public Prosecutor for the Respondent No.1,
the Court made the following.
ORDER:
"The petitioner is accused No.2 in Crime No.142 of 2021 on the file of Seethanagaram Police Station, East Godavari District for the offences under Section 506 of IPC and Sections 3(1)(s) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Sri N.Vijay, learned counsel for the petitioner submits that even though there is an allegation in the complaint as abuse of the de facto complainant in the name of his community, the said complaint does not any way show that this alleged abuse took place in a public view or in a public place. He relied upon a Judgment of Hon'ble Supreme Court in Hitesh Verma vs. The State of Unttarakhand and another decided on 05.11.2020 in Criminal Appeal No.707 of 2020.
In view of the aforesaid Judgment of the Hon'ble Supreme Court and in view of the fact that the complaint does not set out as to where the abuse is said to have taken place and whether the said place was a public place, there shali be interim stay of further investigation including arrest of the petitioner in Crime No.142 of 2021 on the file of Seethanagaram Police Station, East Godavari District, pending further orders.
The petitioner/A2 is permitted to take out personal. notice to the and respondent by RPAD and file proof of service by the next date of hearing.
Post on 13.07.2021."
o \ ' we MA Le
"
SD/- U.Sri Devi oo TRUE COPY// ASSISTANT REGISTRAR For. SECTION OFFICER
'To,
The Station House Officer, Seethangaram Police Station, East Godavari District.
Bandi Satyaprasad, S/o Chandra Rao, R/o D.No.1-118, Purushottampatnam
Seethanagaram Mandal, East Godavari District. (by RPAD)
One CC to Sri. N.Vijay, Advocate [OPUC]
Two CCs to Public Prosecutor, High Court of AP [OUT]
One spare copy
NO --
on
MM
HIGH COURT
RRRJ
DATED:07/05/2021
NOTE: POST ON 13.07.2021
ORDER
CRLP.No.2852 of 2021
INTERIM STAY
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