P. Satyanarayana Rao v. The State Of Telangana

THE HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY Crl.P.No.8449 of 2018

ORDER

This petition is filed under Section 482 Cr.P.C., to quash the proceedings in Crime No.288 of 2018 of Chikkadpally Police station, Hyderabad, registered for the offences punishable under Sections 376(1), 417, 420, 379, 427 IPC and under Section 3(2)(v) of SCs & STs (POA) Act, 1989 (for short 'the Act'), against the petitioner/accused, on various grounds.

2.

Learned counsel for petitioner submits that the petitioner is working as Junior Civil Judge that the crime was registered without following the guidelines issued by the Apex Court in Dr. Subhash Kashinath Mahajan v State of Maharashtra and another1. He requested this Court that a direction may be given not to arrest the petitioner.

3.

The order granting not to arrest the petitioner amounts to prearrest bail, which is prohibited under Section 18 of the Act. However, in view of the guidelines issued by the Apex Court in Dr Subhash Kashinath Mahajan's case referred supra, the Investigating Officer is directed to follow the said guidelines.

4.

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 10th August, 2018 sj 1 2018 Law Suit (SC) 233

MSM, J