Ganta Shekar v. The State Of Telangana And Another

HON'BLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.6508 of 2019 O R D E R :

This Criminal Petition is filed under Section 482 Cr.P.C. seeking to quash the proceedings in Crime No.104 of 2019 on the file of the SHO, Kotapally Police Station, Adilabad district, registered against the petitioner/Accused for the offences punishable under Sections 447, 290 and 323 IPC and under Section 3(1) (r) (s), 3(2)(va) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989.

Though learned counsel for the petitioner filed the present petition for quashing of proceedings in Crime No.104 of 2019 supra, 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. State of Bihar and another1. The learned Additional Public Prosecutor would submit that the directions of the Apex Court have to be followed and implemented.

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's case (supra). However, no coercive steps shall be taken against the petitioner/Accused till filing of charge sheet/final report.

1 AIR 2014 SC 2756

GSD, J Crl.P.No.6508 of 2019 As a sequel, miscellaneous petitions pending, if any, shall stand closed.

________________________ JUSTICE G. SRI DEVI 17.10.2019.

vvr