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High Court for State of TelanganaCRLP/2835/2014disposed of no costs

K.Bhaskar, Musheerabad And ANR., v. State Of Ap., Rep. Pp And ANR.,

2018-06-08M.Satyanarayana Murthy2 pages

THE HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY CRIMINAL PETITION No.2835 OF 2014 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 F.I.R. No.49 of 2014 of Musheerabad Police Station, Hyderabad, registered for the offence punishable under Section 324 read with 34 of the Indian Penal Code, 1860 (for short 'I.P.C.') and Sections 3(1)(x) of Scheduled Castes and Scheduled Tribes (Prevention Of Atrocities) Act, 1985.

The learned counsel for the petitioners, though raised several contentions including the validity of the report lodged with the police, but after arguing the matter for a while, requested this Court to issue a direction to the police to follow the procedure prescribed under Section 41-A Cr.P.C. and the guidelines laid down by the Apex Court in ARNESH KUMAR v. STATE OF BIHAR1, before affecting the arrest of the petitioners. In view of the request made by the counsel for the petitioners, without touching the merits of the case, I find that it is a fit case to issue a direction to the police to follow the procedure prescribed under Section 41-A Cr.P.C. and the guidelines laid down by the Apex Court in ARNESH KUMAR case (referred supra), before affecting the arrest of the petitioners. 1 2014(5) Supreme 324

CRLP_2835_2014 MSM, J - 2 - With the above direction, the criminal petition is disposed of. Miscellaneous petitions, if any, pending in this criminal petition shall stand closed.

___________________________________ M. SATYANARAYANA MURTHY, J Date:08.06.2018 BV