THE HON’BLE SRI JUSTICE N.RAVI SHANKAR CRIMINAL PETITION No.5036 OF 2011 Date: 24.06.2011 Between: Mohd. Jahangir Hussain and others …..Petitioners And The State of A.P., rep. by Public Prosecutor, High Court of A.P., Hyderabad and another …..Respondents THE COURT MADE THE FOLLOWING: THE HON’BLE SRI JUSTICE N.RAVI SHANKAR CRIMINAL PETITION NO.5036 OF 2011 ORDER: Heard learned counsel for the petitioners and learned Additional Public Prosecutor. 2. This petition is filed for quashing the F.I.R. in Crime No.164 of 2011 on the file of Balanagar Police Station, Hyderabad. The offences alleged are those punishable under Sections 3 (1) (iv), 3 (1)(v), 3 (1)(x) and 3 (1)(xv) of The Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989. It is seen from the F.I.R. that the complainant has described himself as a person belonging to Scheduled Caste and he further described that the accused mentioned therein do not belong to Scheduled Caste or Scheduled Tribe. It appears that there is a land dispute between them. What should be noted is that in the complaint dated 18.4.2011, the complainant has mentioned about the names of Ramchander Reddy, Amrutha Reddy, Veeraswamy Goud and then proceeded to state Jahangir and his brother. The petitioner No.1 is said to be the said Jahangir. 3. The learned counsel for the petitioners says that so far as the petitioners No.2 to 4 are concerned, they are the brothers of the Jahangir and they live far away from the place of incident and have nothing to do with the de facto complainant and they have been unnecessarily implicated. A perusal of the F.I.R. shows that the names of the petitioners No.2 to 4 are not found and as pointed out by the learned counsel for the petitioners, it reads as if only one brother of Jahangir is involved. However, the allegations in the F.I.R. do disclose the offences. In the circumstances, there are no grounds to interfere with the investigation. 4. It is seen that since the names of petitioners No.2 to 4 are not mentioned in the F.I.R. and having regard to the allegations made in it, the police shall take a decision regarding the arrest of the petitioners No.2 to 4 only after completion of investigation. The police shall keep in view Section 41 of Code of Criminal Procedure in taking a decision about the arrest of petitioner No.1. 5. With the above direction, this Criminal Petition is disposed of at the admission stage. ___________________________ JUSTICE N.RAVI SHANKAR 24th June, 2011. Tjmr THE HON’BLE SRI JUSTICE N.RAVI SHANKAR CRIMINAL PETITION NO.5036 OF 2011 DATE: 24.06.2011