Mulugureddy Raghava Reddy v. Komaram Jogaiah

HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION No. 5139 of 2019 ORDER:

1.

This Criminal Petition is filed under Section 482 Cr.P.C. seeking quashing of investigation in Crime No.91 of 2018 of Aswapuram Police Station, Bhadradri Kothagudem District, registered against the petitioners and others for the offences punishable under Sections 3 (1) (f) (g) (r), 3 (2) (vii) read with Section 10 of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Section 6-A of the Andhra Pradesh Scheduled Areas Land Transfer Regulation, 1959. 2.

Though the learned counsel for the petitioners filed the present petition for quashing of investigation in the above 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 the guidelines prescribed by the Apex Court in Arnesh Kumar v. St at e of Bihar and anot her 1.

3.

Learned Additional Public Prosecutor would submit that the directions of the Apex Court have to be followed and implemented. 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 set out in Arnesh Kumar case (supra). No coercive steps shall be taken against the petitioners till filing of the final report. 5.

As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed.

________________ JUSTICE G. SRI DEVI 26.08.2019 gkv 1 AIR 2014 SC 2756,