Kota Ratnkar Reddy v. Guggilla Ramesh

THE HON'BLE JUSTICE G.SRI DEVI CRIMINAL PETITION No.2842 of 2019 ORDER:

This Criminal Petition, under Section 482 of Code of Criminal Procedure, 1973, is filed by the petitioners/A.1 and A.2 seeking to quash the proceedings in Crime No.111 of 2019 of Maripeda Police Station, Mahabubabad District, registered for the offence punishable under Section 506 read with 34 I.P.C. and Section 3 (1) (1), 3 (1) (r), 3 (1) (s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 2015.

2.

Heard the learned counsel for the petitioners/A.1 and A.2 and the learned Additional Public Prosecutor representing the 2nd respondent-State and perused the record.

3.

Though the learned counsel for the petitioners filed the petition for quashing of investigation in the aforesaid crime, he restricts his prayer seeking a direction to the investigating agency to follow the procedure prescribed under Section 41-A Cr.P.C. and to follow the guidelines prescribed by the Apex Court in Arnesh Kumar v. State of Bihar and another1.

4.

The learned Additional Public Prosecutor conceded the said request stating that the punishment for the alleged offences is imprisonment for seven years and below.

5.

Under these circumstances, the Station House Officer, Maripeda Police Station, Mahabubabad District, is directed to follow the procedure laid down under Section 41-A Cr.P.C. before arresting the petitioners/A.1 and A.2 in and strictly adhere to the guidelines 1 AIR 2014 SC 2756

formulated by the Apex Court in Arnesh Kumar v. State of Bihar's case supra.

6.

With the above direction, the Criminal Petition is disposed of. Miscellaneous petitions, if any, pending in this criminal petition shall stand closed.

______________________ JUSTICE G.SRI DEVI 14th June, 2019 YVL

THE HON'BLE JUSTICE G.SRI DEVI CRIMINAL PETITION No.2842 of 2019 Date:14.06.2019 YVL