R. Jagadhishwar Rao v. Vallamma Avuta

THE HON'BLE DR. JUSTICE B.SIVA SANKARA RAO CRIMINAL PETITION No.6213 OF 2017 ORDER:

Heard learned counsel for the petitioners and also the learned Public Prosecutor, representing the 2nd respondent - State, before ordering notice to the 1st respondent and perused the grounds urged in the quash petition to quash the Crime No.87 of 2017 and the other enclosed documents covered by the FIR.

2.

Crime No.87 of 2017 of Kodair Police Station, Nagarkurnool District, is registered for the offences punishable under Sections 427, 354, 323 of IPC and Section 3(1)(r)(s) of SC/ST (Prevention of Atrocities) amended Act, 2015.

3.

Undisputedly, the punishments provided are seven years below for any of all the offences.

4.

Having regard to the above, though there are no grounds to interfere to quash the FIR at this stage, this Court feels it just, in view of the law of land covered by the expression of the Apex Court in Arnesh Kumar Vs. State of Bihar1, to direct the Investigation Officer to strictly follow the guidelines in the expression supra before arrest subject to necessity if any.

1 2014 (1) ALD (Crl) 826 SC

5.

Accordingly and with the above direction, this criminal petition is disposed of. Miscellaneous petitions pending consideration, if any, in this case shall stand closed in consequence.

______________________________ DR.B.SIVA SANKARA RAO, J 31.07.2017 SS