Gonela Swamy And 3 Others v. The State Of Telangana And Another

THE HON'BLE JUSTICE G.SRI DEVI CRIMINAL PETITION No.3513 of 2019 ORDER:

This Criminal Petition, under Section 482 of Code of Criminal Procedure, 1973, is filed by the petitioners/Accused Nos.1, 3, 7 and 8 seeking to quash the proceedings in Crime No.122 of 2019 of Saidapur Police Station, Karimnagar District, registered for the offences punishable under Sections 342 and 324 read with 34 I.P.C and Section 3 (1)(r)(s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015. 2.

Heard the learned counsel for the petitioners/Accused Nos.1, 3, 7 and 8, the learned Additional Public Prosecutor representing the 1st respondent-State and perused the record.

3.

Though the learned counsel for the petitioners/Accused Nos.1, 3, 7 and 8 filed the present petition for quashing the 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 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 below seven years.

5.

Under these circumstances, the Station House Officer, Saidapur Police Station, Karimnagar District, is directed to follow the procedure laid down under Section 41-A Cr.P.C. before arresting the petitioners/Accused Nos.1, 3, 7 and 8 and strictly adhere to the 1 AIR 2014 SC 2756

guidelines formulated by the Apex Court in Arnesh Kumar case (supra). However, no coercive steps shall be taken against the petitioners/accused Nos.1, 3, 7 and 8 till filing of the final report. 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 JULY 03, 2019 YVL

THE HON'BLE JUSTICE G.SRI DEVI CRIMINAL PETITION No.3513 of 2019 Date:03.07.2019 YVL