Kalpe Rajendar , Chiranjeevi v. Chavariya Sanjeev

HON'BLE Dr. JUSTICE B. SIVA SANKARA RAO Criminal Petition No.11549 of 2018 ORDER :

Impugning the F.I.R. in Crime No.149 of 2018 registered by V Town Police Station, Nizamabad, Nizamabad District, for the offences punishable under Section 290 IPC and Section 3(1)(r) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 r/w Amendment Act, 2015 (for short, "the Act"), on the report of the first respondent-de facto complainant, the petitioners-A1 to A5 filed the quash petition.

2.

Heard the learned counsel for petitioners and the learned Additional Public Prosecutor, representing the second respondentState in opposing the same, before ordering notice to the first respondent and before admission. Perused the F.I.R. and the quash petition averments.

3.

A perusal of the F.I.R. and the quash petition averments no way entails this Court to quash the proceedings or admit by keeping the matter pending, but for to say for none of the offences are punishable above seven years, the police strictly follow Section 41-A Cr.P.C., and also the guidelines as held by the Apex Court in Arnesh Kumar Vs. State of Bihar1.

1 (2014) 8 SCC 273

Dr. SSRB, J Crl.P.No.11549 of 2018 Accordingly, this Criminal Petition is disposed of without prejudice to any future defence of the petitioners. Miscellaneous petitions pending, if any, shall stand closed. ____________________________ Dr. B. SIVA SANKARA RAO, J 01.11.2018 MVA