Appala Kanukaiah v. The State Of Telangana

THE HON'BLE JUSTI CE G.SRI DEVI Cr im in al Pet it ion Nos.2 6 9 1 of 2 0 1 9 ORDER:

This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973, is filed by the petitioners/ A.2 and A.3, to quash the proceedings in Crime No.156 of 2019 of Jammikunta Police Station, Karimnagar District, registered for the offences punishable under Sections 498A & 506 of IPC and 3(1)(r)(s), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015. 2 .

Heard the learned counsel for the petitioners/ A.2 & A.3, the learned Additional Public Prosecutor representing the 1st respondent/ State and perused the record.

3 .

Though the learned counsel for the petitioners/ A.2 and A.3 filed this Criminal Petition for quashing of investigation in Crime No.156 of 2019 of Jammikunta Police Station, Karimnagar District, he restricts his prayer seeking a direction to the investigating agency to follow the procedure prescribed under Section 41A of Cr.P.C. and to follow the guidelines prescribed by the Apex Court in Ar n esh Ku m ar v. St at e of Bih ar an d an ot h er 1.

4 .

The learned Additional Public Prosecutor representing the 1st respondent-State conceded the request of the learned counsel for the petitioners.

1 AIR 2014 SC 2756

5 .

Under these circumstances, the Station House Officer, Jammikunta Police Station, Karimnagar District, is directed to follow the procedure laid down under Section 41A of Cr.P.C. before arresting the petitioners/ A.2 and A.3 and strictly adhere to the guidelines formulated by the Apex Court in Ar n esh Ku m ar Vs. St at e of Bih ar 's case supra. 6 .

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

Miscellaneous petitions, if any, pending in both these criminal petitions shall stand closed.

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ JUSTI CE G.SRI DEVI 13th June, 2019 Bvv