Dr. Kalathuru Adarsh Reddy v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY CRIMINAL PETITION No.9864 OF 2018 ORDER:

This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Code'), is filed by the petitioner - accused, seeking to quash the proceedings against him in Crime No.252 of 2018 on the file of the Tirupati East Police Station, Tirupati Urban, Chittoor Distric, Andhra Pradesh State, registered for the offences punishable under Sections 417 and 506 of the Indian Penal Code, 1860 and Section Sections 3 (1) (r) and 13 (1) (s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.

2. Learned counsel for the petitioner after arguing for sometime, requested this Court to direct the police to follow the procedure inlaid in Section 41-A of the Code and guidelines formulated by the Apex Court in Arnesh Kumar v. State of Bihar1.

3. Acceding to the request of the learned counsel for the petitioner and without touching the merits of the case, I deem it appropriate to direct the police to follow the procedure inlaid in Section 41-A of the Code and the guidelines prescribed in Arnesh Kumar1. It is needless to mention that the Hon'ble Supreme Court made it clear that violation of guidelines prescribed in Arnesh Kumar1 amounts to Contempt of Court action. Therefore, the Investigating 1 (2014) 8 SCC 273

MSM,J Crl.P No.9864 of 2018 Agency is bound to adhere to the guidelines formulated by the Apex Court in Arnesh Kumar1.

4. With the above directions, the present Criminal Petition is disposed of at the stage of admission itself. Consequently, Miscellaneous Petitions, if any, pending in the present Criminal Petition, stand closed.

_________________________________ M. SATYANARAYANA MURTHY, J September 17, 2018 Mgr