P. Raghava Reddy v. The State Of Telangana

HONOURABLE Dr. JUSTICE B. SIVA SANKARA RAO CRIMINAL PETITION No. 992 of 2019 O R D E R :

Impugning the First Information Report in Crime No. 53 of 2019 registered by the Sub-Inspector of Police, Mahbubnagar Rural Police Station, Mahbubnagar district for the offences punishable under section 3 [1] [r] [s] [V] of SC/ST [POA] Act, 2015 [for brevity 'The Act'] on the report of the second respondentdefacto complainant, Muddani Venkatesh, the petitioners herein, who are A-1 to A-3 in the above crime, filed the present quash petition, seeking to quash the proceedings in the aforesaid FIR.

2. Heard learned counsel for the petitioner and learned Public Prosecutor, representing the first respondent-State in opposing the same, before ordering notice to the defacto complainant and before admission. Perused the First Information Report and quash petition averments.

3. A perusal of the First Information Report and quash petition averments no way entitles this Court to quash the proceedings or admit by keeping the matter pending, but for to say for none of the offences are punishable above seven years, the police shall strictly follow Section 41-A Cr.P.C., and also the

guidelines as held by the Hon'ble Apex Court in Arnesh Kumar Vs. State of Bihar. 1

4. Accordingly and in the result, the criminal petition is disposed of without prejudice to any future defence of the petitioners herein, who are A-1 to A-3 in the above crime.

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

______________________________ Dr . JUSTICE B . SIVA SANKARA RAO, J 20/02/2019 I s L 1 (2014) 8 SCC 273

HONOURABLE Dr. JUSTICE B. SIVA SANKARA RAO CRIMINAL PETITION No. 992 of 2019 [ R E S U L T :: 41-A Cr.P.C. DISPOSED OF ] Circulation No:

Date : 20-02-2019 Court Master : I s L