Khaja Shafiullah v. Sri.Sara Shyam Sunder And Another

THE HON'BLE JUSTICE G.SRI DEVI CRIMINAL PETITION No.4588 of 2019 ORDER:

This Criminal Petition, under Section 482 of Code of Criminal Procedure, 1973, is filed by the petitioner/Accused seeking to quash the proceedings against him in Crime No.152 of 2019 of Medak Town Police Station, Medak District, registered for the offences punishable under Sections 447 and 427 I.P.C and Section 3 (1) (s) (r) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.

2.

Heard the learned counsel for the petitioner/Accused, the learned Additional Public Prosecutor representing the 2nd respondent-State and perused the record.

3.

Though the learned counsel for the petitioner/Accused 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.

5.

Under these circumstances, the Station House Officer, Medak Town Police Station, Medak District, is directed to follow the procedure laid down under Section 41-A Cr.P.C. before arresting the petitioner/Accused and strictly adhere to the guidelines formulated by the Apex Court in Arnesh Kumar case (supra). However, no 1 AIR 2014 SC 2756

coercive steps shall be taken against the petitioner/accused 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 AUGUST 05, 2019 YVL

THE HON'BLE JUSTICE G.SRI DEVI CRIMINAL PETITION No.4588 of 2019 Date:05.08.2019 YVL