Smt. M. Sunitha v. State Of Telangana

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY CRIMINAL PETITION NO.4679 OF 2018 ORDER:

This criminal petition is filed under Section 482 of Criminal Procedure Code (for short "Cr.P.C.") to quash the proceedings in Crime No.124 of 2018 on the file of Chikkadapally, Hyderabad City, in so far as the offence punishable under Section 3 (1) (r) (s) and (za) (A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2015 (for short "the S.Cs and S.Ts. (POA) Act). Initially the said crime was registered for the offence punishable under Sections 506 and 509 of I.P.C. and after recording statements under Section 161 (3) of Cr.P.C. during investigation, police added Section 3 (1) (r) (s) and (za) (A) of the S.Cs and S.Ts. (POA) Act by filing memo. Now, the petitioner sought to quash the proceedings in so far as the offence punishable under Section 3 (1) (r) (s) and (za) (A) of the S.Cs and S.Ts. (POA) Act only.

While registration of a crime under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2015, the Registering Authority has to follow certain procedure prescribed in "Dr. Subhash Kashinath Mahajan v. The State Of Maharashtra1". But, in the present case, the Investigating Agency did not follow the procedure prescribed in the case referred supra. Therefore, the investigating agency is directed to follow the guidelines issued in the judgment referred supra in so far as the offence punishable under Section 3 (1) (r) (s) and (za) (A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2015, is concerned.

1 AIR 2018 SC 1498

MSM,J Crl.P_4679_2018 With the above directions, the petition is disposed of. No costs. Consequently, miscellaneous petitions pending, if any, shall also stand dismissed.

_________________________________________ JUSTICE M. SATYANARAYANA MURTHY 04.07.2018 Ksp