G LINGA REDDY Vs. M DHARMA RAJU

JUDGEMENT

(1.) This petition is filed by the proposed A4 in P.R.C. No. 28 of 2008 on the file of II Additional Judicial Magistrate of the First Class, Khammam questioning proceedings therein including grant of permission to the Investigating Agency for conducting further investigation under Section 173(8) Code of Criminal Procedure. The case pertains to offences punishable under Sections 147, 323, 341, 348, 365, 454, 380, 354, 325, 327, 506, 149 IPC and Sections 3(i)(x) and 3(i)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. After investigation of Crime No. 11 of 2004, the CID Police, Hyderabad filed charge sheet for the said offences against A1 to A5. In the charge sheet, name of A4 is given as Are Linga Reddy, S/o. Buchchi Reddy, aged 60 years. He is described as Ex. MPP.

(2.) A1 is father of the 4th witness and is employed in BSNL (Bharat Sanchar Nigam Limited). A2 is a police constable in Suryapet Police Station and is younger brother of A1. A5 is another police constable working in Mothe Police Station. A5 is stated to be a friend of A2. A3 is elder brother of A1 and A2 and is a contractor at Bangalore. A4 was Mandal Praja Parishad President of Mothe Mandal in Nalgonda District. He is stated to be friend of A2 and A5. This case is result of love affair between A1's daughter (witness No. 4) and witness No. 3 resulting in eloping with each other. A1 belongs to Reddy Caste whereas the boy belongs to Mala Caste, which is a Scheduled Caste. The CID Police filed charge sheet against A1 to A5 even without arresting A2 to A5 and without taking them into custody and producing them before the Magistrate along with charge sheet. The investigating agency, thus filed charge sheet against A1 to A5 even without, compliance of Section 170 Code of Criminal Procedure Section 170 Code of Criminal Procedure reads as follows:

(3.) Compliance of Section 170 Code of Criminal Procedure is a condition precedent for filing of final report/charge sheet under Section 173(2) Code of Criminal Procedure The Investigating Officer is expected to file final report under Section 173(2) Code of Criminal Procedure after completion of investigation; and the said final report/charge sheet shall contain a statement of information relating to Clauses a to h of Section 173(2)(i) Code of Criminal Procedure. Relevant portion of Section 173(2) Code of Criminal Procedure reads as follows: