Dhahipade Madhukar v. The State Of Telangana

HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.4375 OF 2019 ORDER:

This Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') is filed by the petitioners - accused Nos.1 to 13, seeking to quash the proceedings against them in Crime No.42 of 2019 dated 12.07.2019 of Bazarhathnoor Police Station, Adilabad, registered for the offences punishable under Sections 323 and 143 read with 149 of the Indian Penal Code, 1860 and also Section 3 (1) (r) (s) (2) (va) and Section 3

(1) (x) of the Scheduled Castes and the Scheduled Tribes (Prevention Of Atrocities) Act, 1989.

2. Though the learned counsel for the petitioners filed the present petition for quashing the aforesaid proceedings against the petitioners, he restricted the prayer seeking a direction to the Investigating Agency to follow the procedure prescribed under Section 41-A of Cr.P.C. and the guidelines prescribed by the Apex Court in Arnesh Kumar v. State of Bihar and another1.

3. Learned Additional Public Prosecutor would submit that the directions of the Apex Court have to be followed and implemented invariably.

4. In that view of the matter, the Criminal Petition is disposed of directing the police to abide by the directions of the Apex Court as 1 AIR 2014 SC 2756

set out in Arnesh Kumar's case (Supra). No coercive steps shall be taken against the petitioners till filing of the final report. As a sequel thereto, Miscellaneous Petitions, if any, pending in the criminal petition stand closed.

_____________________ JUSTICE G. SRI DEVI July 25, 2019.

Mgr