B.Nagulaiah v. The State Of Ap

HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY CRIMINAL PETITION No.6410 OF 2018 ORDER:

This criminal petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') to quash the proceedings in Crime No.167 of 2018 of Tirupati East Police Station registered against the petitioners for the offence punishable under Sections 323 read with 34 of Indian Penal Code, 1860 and Section 3(1)(r), 3(1)(s), 3(1)(w)(i), 3(1)(w)(ii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) amended Act 2015, on various grounds.

The petitioner is an agriculturist and the second petitioner is ICDS Supervisor, the reason for lodging the report is disputes before the competent court between the parties.

The contention of the counsel for the petitioners is that there were no allegations to constitute any of the offence punishable under Sections referred above and requested this Court to direct the police to follow the guidelines laid down by the Apex Court in Dr.Subash Kashinath Mahajan v State of Maharastra and another (Crl.A.No.416 of 2018, dated 20.03.2018). Though the review petition is pending in respect of the guidelines laid down by the Apex Court in Dr.Subash Kashinath Mahajan case referred supra, they are binding on the authorities. Hence, the Station House Officer, Tirupati East Police Station, is directed to follow the guidelines laid down by the Apex Court in

Crl.P.No.6410 of 2018 MSM, J - 2 - Dr.Subash Kashinath Mahajan case referred supra, before affecting the arrest of the petitioners.

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

__________________________________ M.SATYANARAYANA MURTHY,J 21.06.2018 BV