Bathula Paul Martin v. Ayyanki Yesu

HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY CRIMINAL PETITION No.10871 OF 2018 ORDER:

This Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Code') is filed by the petitioners - accused Nos. 1 to 4 viz., Bathula Paul Martin, Bathula Ruthu, Bathula Isaac Wesley and Bathula Steaven Josepth, respectively, to quash the proceedings against them in Crime/FIR No.118 of 2018 on the file of Reddigudem Police Station, Krishna District, Andhra Pradesh State, registered for the offences punishable under Sections 323 and 506 read with 34 of the Indian Penal Code, 1860 and Sections 3 (1) (s) and 3 (1) (r) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.

2. Learned counsel for the petitioners 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 petitioners 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 1 (2014) 8 SCC 273

MSM,J Crl.P No.10871 of 2018 amounts to Contempt of Court action. Therefore, the Investigating 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 October 12, 2018 Mgr