Sunkam Mallesham v. The State Of Telangana

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY CRIMINAL PETITION No. 6155 OF 2018 ORDER:

This criminal petition is filed under Section 482 of the Code of Criminal Procedure (for short, "Cr.P.C.") to quash the proceedings in Crime No.112 of 2017 on the file of Gollapally Police Station, registered for the offences under Sections 457 and 495 IPC and Sections 3 (1)(r) (s) and 3(2(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

2. Learned counsel for the petitioners, after arguing for sometime, requested this Court to direct the concerned to follow the procedure contemplated under Section 41-A Cr.P.C., and the guidelines issued by the Apex Court in Arnesh Kumar v. State of Bihar and another1 and the guidelines formulated by the Apex Court in Dr. Subhash Kashinath Mahajan Vs. State of Maharashtra 2.

3.

Acceding to the request of learned counsel for the petitioners, without touching the merits of the case, I find that it is a fit case to issue direction to the police to follow the procedure contemplated under Section 41-A Cr.P.C., and the guidelines issued by the Apex Court in Arnesh Kumar's case referred supra and the guidelines formulated by the Apex Court in Dr. Subhash Kashinath Mahajan's referred supra. Accordingly, the police concerned are directed to adhere to the 1 2014(8) SCC 273 2 2018 Law Suit (SC) 233

guidelines issued by the Apex Court in Arnesh Kumar's case and Dr. Subhash Kashinath Mahajan's case, referred supra. 4.

With the above direction, the criminal petition is disposed of. Pending miscellaneous petitions, if any, in this criminal petition shall stand closed in consequence.

_____________________________ 18-06-2018.

M.SATYANARAYANA MURTHY, J.

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