High CourtsSingle Bench(2022) 10 AP CK 0043

Burjabariki Krishna Murthy vs State Of Andhra Pradesh & Others

Andhra Pradesh High Court · Decided on 27 October 2022

HON’BLE JUDGES
R.Raghunandan Rao, J
RESULT
Disposed Of
CASE NUMBER
Criminal Petition No. 5186 Of 2022

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Judgment

8 paragraphs · 354 words

R. Raghunandan Rao, J

1.

The complaint against the petitioner in Crime No.40 of 2022 was that the petitioner and other members of the family had attacked the de facto complainant, on account of certain disputes between them and caused injury to her head and other body parts, by beating her with sticks. This case was originally registered for offences under Section 148, 147, 447, 324 r/w 149 I.P.C in Araku valley Police Station, Alluri Seetarama Raju District. Subsequently, Section 307 of I.P.C was also added as an additional offence in the F.I.R., by way of an alteration memo.

2.

The petitioner, who is arrayed as accused No.1 in the crime, has approached this Court with the complaint that the allegations made in the complaint are false allegations and have been made only as a counter blast to the earlier complaint filed by the members of the petitioner’s family which was registered as Crime No.39 of 2022 in the same police station.

3.

The petitioner also submits that he is presently working as a teacher in a Government School, and is unable to attend to his duties on account of the pending complaint. He further submits that the offence under Section 307 of I.P.C was deliberately added later to ensure that he does not get the benefit of the guidelines given by the Hon’ble Supreme Court in Arnesh Kumar vs. State of Bihar (2014) 8 SCC 273 and to ensure that he is not given bail.

4.

Notices had also been issued to the 2nd respondent and proof of service has been filed on 02.09.2022. There has been no representation for the 2nd respondent despite service of notice.

5.

In view of the aforesaid circumstances pointed out by the petitioner and in view of the fact that the petitioner is working as a teacher, it would be appropriate to dispose of this criminal petition with a direction to the investigating officer to complete the investigation expeditiously and without taking any coercive steps against the petitioner.

6.

Accordingly, this criminal petition is disposed of.

As a sequel, pending miscellaneous petitions, if any, shall stand closed.