B.V. Venkateswara Rao v. The State Of Andhra Pradesh

HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY CRIMINAL PETITION No.9541 OF 2018 ORDER:

The present Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 by the petitioners - Accused Nos.1 and 2 to quash the proceedings in Crime No.16 of 2018 of Kurnool Taluka U.P.S., Kurnool District registered against them for the offences punishable under Section 506 read with 34 of the Indian Penal Code, 1860 and Section 3 (1) (r) (s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.

2. The petitioners are the Government Officials working in Forest Department of Kurnool District, Andhra Pradesh State. While registration of a crime against a Government Official, Registering Authority has to follow certain procedure prescribed in Dr. Subhash Kashinath Mahajan v. The State of Maharashtra1, but, in the present case, the Investigating Agency did not follow such procedure. Therefore, respondent No.1 is directed to follow the guidelines issued in the judgment referred supra.

3. With the above direction, without touching merits of the case, the present Criminal Petition is disposed of.

1. (2018) 6 SCC 454

MSM, J Crl.P. No.9541 of 2018 Consequently, the Miscellaneous Petitions, if any, pending in the present Criminal Petition, shall stand closed. _________________________________ M. SATYANARAYANA MURTHY, J September 07, 2018 Mgr