Yadavali Umapathi Naidu Umapath ... vs The Satate Of Andhra Pradesh
2022 Latest Caselaw 9755 AP

               HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

                      CRIMINAL PETITION No.9950 of 2022

ORDER:

The petitioner is accused in Crime No.139 of 2022

on the file of Somala Police Station, Chittoor District, for

offences under Sections 506 & 509 of Indian Penal Code and

Sections 3(1)(r) & 3(1)(s) of the Scheduled Castes and the

Scheduled Tribes (Prevention of Atrocities) Act, 1989.

2. The petitioner has approached this Court by way of

the present Criminal Petition to quash the said complaint on the

ground that the allegations in the complaint read along with the

statement given by the defacto-complainant under Section 161

of Cr.P.C would not make out any case against the petitioner.

3. Sri M. Lakshmi Narayana, learned counsel for the

petitioner would rely upon the judgment of the learned Single

Judge of the erstwhile High Court of Andhra Pradesh in the case

of Budapap & ors. Vs. State of Andhra Pradesh1 to contend that

even abuse in the name of the community would not amount to

an offence under the above provisions unless a clear cut

intention to humiliate is made out. He contends that no such

2007 2 ALT (Cri) 106

intention is made out, even if the allegations in the complaint

and the Section 161 statements are accepted to be true.

4. The complaint is presently at the stage of

investigation. It would be premature to determine these issues

without the said investigation being completed.

5. In the circumstances, it would not be appropriate for

this Court to interdict the investigation at this stage.

6. The learned counsel for the petitioner would raise

the question of delay in the filing of the complaint, a full day

after the alleged incident. He submits that the said delay is fatal

to the case.

7. Accordingly, this Criminal Petition is disposed of

leaving it open to the petitioner to raise all these issues in the

event of a charge-sheet being filed against the petitioner.

8. As the offences would not attract the punishment of

more than seven years imprisonment, the petitioner is entitled

to a notice under Section 41-A Cr.P.C before any steps are taken

against him. There shall be no order as to costs.

Miscellaneous petitions, pending if any, in this

Criminal Petition shall stand closed.

____________________________ R. RAGHUNANDAN RAO, J 20.12.2022 BSM

HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

CRIMINAL PETITION No.9950 of 2022

20.12.2022

BSM