Jakkula Venkatarajam v. The State Of Telangana

HON'BLE DR. JUSTICE B. SIVA SANKARA RAO CRIMINAL PETITION No.6594 of 2017 ORDER:

Heard the learned counsel for the petitioners/ A.1 to A.5 of Cr.No.133 of 2017 of Dharmasagar Police Station, Warangal District, for the offences punishable under Sections 427 and 323 r/ w 34 IPC and u/ sec.3(1)®(s), 3(2)(Va) of Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989 (for short, 'the Act'), before ordering notice to the 2nd respondent-defacto-complainant and the learned Public Prosecutor representing 1st respondentState and perused the grounds urged in the quash petition and also the First Information Report.

For this Court prima facie that too when the investigation is at nasal stage, there is nothing to entertain much less to interdict the investigation.

Having regard to the above, the Criminal Petition is disposed of without prejudice to any available future defence of the petitioners/ A.1 to A.5. Needless to say if at all any arrest is required, the police shall strictly follow Section 41-A of CrPC, and also the guidelines issued in the expression of the Apex Court in Arnesh Kumar Vs. State of Bihar1. Further remedies are left open. Consequently, miscellaneous petitions, if any, pending in this Criminal Petition, shall stand closed.

___________________________ JUSTICE Dr. B.SIVA SANKARA RAO Date: 01.08.2017 vvr 1 (2014) 8 SCC 273