← Library
High Court for State of TelanganaCRLP/2389/2019disposed of no costs

Polsani Sai Rao v. State Of Telangana

2019-05-15Abhinand Kumar Shavili2 pages

THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI Crl.P.No.2389 of 2019

ORDER

This criminal petition is filed under Section 482 of Cr.P.C., seeking to quash the proceedings in Cr.No.79 of 2019 on the file of Saidapur Police Station, Karimnagar District, registered for the offences under Section 3(1)(r)(s) of SCs & STs (POA) Amendment Act, 2015 (for short 'the Act') and under Section 323 read with Section 34 IPC, against the petitioners/A2 to A3. 2.

The petitioners contended that the de-facto complainant has made a complaint against them and others alleging that they abused him in filthy language in the name of his caste and also beat him with legs. The petitioners further contended that none of the witnesses have stated anything against them in the FIR and that they never committed the aforesaid crime and they have been falsely implicated in the alleged offences to harass them. They further contended that since there is a bar from seeking anticipatory bail under the Act, they filed the present application seeking to quash the proceedings against them.

3.

Learned counsel for the petitioners requested this Court to direct the police concerned to follow the procedure under Section 41-A Cr.P.C.

4.

Learned Public Prosecutor submitted that before arresting the petitioners, the Investigating Authority shall follow the guidelines of

AKS, J Crl.P.No.2389 of 2019 the Apex Court in Arnesh Kumar v. State of Bihar1 and also the procedure contemplated under Section 41-A of Cr.P.C., during the course of investigation and appropriate action shall be taken against the petitioners.

5.

This Court, having considered the rival submissions and as the contention of the petitioners that the proceedings in the aforesaid crime are liable to be quashed cannot be accepted, is of the considered view that the Investigating Authority shall follow the guidelines of the Apex Court in Arnesh Kumar's case (1 supra) and shall follow the procedure contemplated under Section 41-A of Cr.P.C., before effecting arrest of the petitioners. 6.

With the above observation, the Criminal Petition is disposed of.

7.

Miscellaneous petitions, if any pending in this criminal petition, shall stand closed.

__________________________ ABHINAND KUMAR SHAVILI, J 15th May, 2019 sj 1 (2014) 8 SCC 273