Smt. Jupalli Prameela Devi v. State Of Telangana

THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER Criminal Petition No.1009 of 2018 ORDER:

This Criminal Petition, under Section 482 of Code of Criminal Procedure, 1973, is filed by the petitioner/accused seeking to quash the proceedings in Crime No.206 of 2017 of Aswaraopeta Police Station, Bhadradri Kothagudem District, registered for the offences punishable under Sections 294(b) and 504 IPC and 3 (1) (r) (s) and 2 (va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (as amended in 2016). 2.

Heard the learned counsel for the petitioner/accused, the learned Assistant Public Prosecutor representing the 1st respondent-State and perused the record.

3.

After arguing for some time, the learned counsel for the petitioner would submit that the sentence of imprisonment prescribed for the alleged offences is below seven years and hence police may be directed to follow Section 41A Cr.P.C. and the petitioner is ready to give her explanation to the police, provided a notice under Section 41A of Cr.P.C. is issued to her.

- 2 - 4.

The learned Assistant Public Prosecutor conceded the said request stating that the punishment for the alleged offences is imprisonment for seven years and below. 5.

Under these circumstances and in view of the nature of allegations, it is appropriate to direct the investigating officer to follow the provisions under Section 41A Cr.P.C. and the directions of the Apex Court in Arnesh Kumar Vs. State of Bihar1.

6.

In the result, the investigating officer in crime no.206 of of Aswaraopeta Police Station, Bhadradri Kothagudem District is directed to follow the procedure laid down under Section 41A of Cr.P.C. and adhere to the guidelines formulated by the Apex Court in Arnesh Kumar case (1 supra).

7.

With the above direction, this Criminal Petition is disposed of.

Miscellaneous petitions pending, if any, in this Criminal Petition, shall stand dismissed.

__________________________ Dr. Shameem Akther, J 31.01.2018 DRK 1 (2014) 8 SCC 273

- 3 - THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER Criminal Petition No.1009 of 2018 31.01.2018 DRK