Chintakayala Venkatamma, And 12 Others v. The Station House Officer, And Another

HONOURABLE SRI JUSTICE P. KESHAVA RAO CRIMINAL PETITION No.2287 of 2020 ORDER:

Heard learned counsel for the petitioners as well as learned Public Prosecutor.

2.

The present criminal petition is filed to quash the proceedings in Crime No.41 of 2020 on the file of the Madugulapally Police Station, Nalgonda District, registered for the offences under Sections 448, 324, 504, 506, 427, 147 and 148 read with 149 IPC and Section 3(i)(r)(s) and 3(ii)(V)(a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2015.

3.

After making submissions, learned counsel for the petitioners submits that during the course of investigation, the respondent police may be directed to follow due process of law, more particularly by issuing notice under Section 41-A Cr.P.C.

4.

Having heard both the counsel and from the perusal of the material on record, since the crime is at the investigation stage, this Court cannot pass any orders in quashing the proceedings. Therefore, the 1st respondent is directed to follow the mandatory provisions as contemplated under Section 41-A Cr.P.C. as well as the guidelines issued by the Hon'ble Apex Court in Arnesh Kumar vs. State of Bihar1.

5.

With the above direction, the criminal petition is disposed of. Miscellaneous petitions pending, if any, shall also stand closed. __________________________ JUSTICE P. KESHAVA RAO Date: 28.05.2020 mar 1 (2014) 8 SCC 273