Gajula Naresh And 2 Others v. State Of Telangana And Another

HON'BLE SRI JUSTICE U.DURGA PRASAD RAO CRIMINAL PETITION No.3991 of 2018 ORDER:

This Criminal Petition is filed by petitioners/A1 to A3 under Section 482 Cr.P.C, to quash the proceedings against them in Crime No.39 of 2018 of Kodimial Police Station, Jagityal, Karimnagar District, registered for the offences under Section 323 r/w 34 IPC and Section 3 (1) (s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015. The brief facts of the complaint are that on 10.3.2018 when one B. Mahesh, who is the brother by courtesy to the de-facto complainant, was conducting videographing of the dance programme in the annual day function held in the Vasavi Elementry School, A1 beat him. On knowing this fact when the de-facto complainant and his friend went to question the accused on 18.3.2018 and when they were talking to the correspondent of the school, the accused came there and abused the de-facto complainant in the name of his caste and threatened him with dire consequences. Investigation is reported to be pending.

Having regard to the prima facie accusation contained in the complaint, it is not apt to quash the proceedings at this stage. Therefore, investigation shall proceed to its logical conclusion. However, having regard to the nature of accusation, the investigating officer shall strictly follow the guidelines rendered by the Hon'ble Apex Court in Arnesh Kumar V. State of Bihar1 and follow the 1 (2014) 8 SCC 273

UDPR, J Crl.P.No. 3991 OF 2018 procedure contemplated under Section 41-A Cr.P.C., during the course of investigation. Petitioners/A1 to A3 in turn are directed to cooperate with the investigating agency for smooth completion of investigation. Accordingly, the Criminal Petition is disposed of. As a sequel there to, miscellaneous applications, pending if any, shall stand closed. _________________________ U.DURGA PRASAD RAO, J Date: 16.04.2018 KA Note: Furnish copy by tomorrow