THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No.11698 OF 2017

O R D E R:

This Writ Petition is filed under Article 226 of Constitution of India seeking the following relief/s:-

“…to issue any writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the Police in registering the FIR No. 866/2016 offence U/s 420 IPC, 3 (1) (R) of SC and ST (POA) Act, 2015 dated 11-122016, P.S. Rachakonda, R.R. District as is arbitrary, illegal, unjust, in violation of principles of natural justice and in violation of Article 14 and 21 of the Constitution of India and consequently quash the proceedings therein vide FIR No. 866/2016 offence U/s 420 IPC, 3 (1) (R) of SC and ST (POA) Act, 2015 dated 11-12-2016, P.S. Rachakonda, R.R.

District in the interest of justice and pass..….”

2. Heard learned counsel for the petitioners and Mr.R.Laxmikanth Reddy, learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 3.

3. Learned counsel for the petitioners submitted that, aggrieved by the registration of Crime No.875 of 2016, the present petition has been filed by the accused seeking quashment of the said proceedings.

4. Learned Assistant Government Pleader for Home submitted that the crime was registered against the petitioners for the offences punishable under Section 420 of the Indian Penal Code and Section

3(1)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Upon completion of investigation, a charge sheet was filed, and the case was taken cognizance of and numbered as S.C. No.7 of 2019 on the file of the Court of the VII Additional Sessions Judge, L.B. Nagar. It was further submitted that since the petitioners/accused have not been available for trial, non-bailable warrants are pending against them. In such circumstances, seeking the extraordinary remedy of quashment is wholly improper and liable to be rejected.

5. I have perused the material available on record.

6. The contention of the petitioners is that the crime was registered without any basis. However, the fact remains that the investigation has culminated in the filing of a charge sheet, and the Court concerned, after due consideration, has taken cognizance of the offences. Upon satisfaction that prima facie material exists, the Sessions Case has been registered for trial. This itself indicates that the Court concerned has found that triable issues arise on the basis of the material placed before it. In such a situation, the prayer for quashment of proceedings on the ground that the crime was registered without basis cannot be sustained.

7. That apart, as pointed out by the respondent/police, non- bailable warrants are pending against the petitioners, who have absconded from the judicial process. It is now a well-settled principle of law that an accused who keeps himself away from due process cannot be permitted to invoke the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India or Section 482 Cr.P.C. for quashing of the crime proceedings. In view of the above, the prayer of the petitioners for quashment is found to be untenable and unconvincing.

8. Accordingly, this writ petition is dismissed. There shall be no order as to costs.

Miscellaneous Petitions, pending if any, shall stand closed.

________________ N.TUKARAMJI, J Date: 09.09.2025 mmr