Boyina Amara Lingeswara Rao , Avaralingeswararao Boyana v. The State Of Andhra Pradesh

HON'BLE Dr. JUSTICE B. SIVA SANKARA RAO CRIMINAL PETITION No.11645 of 2018 ORDER :

The petitioner is A.5 among seven accused of Crime No.128 of 2018 of Pedaparupudi Police Station, Krishna District, registered for the offences punishable under Sections 324, 323 and 506 read with 34 IPC and Section 3(1)(r) and (s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015. 2.

So far as A.6 and A.7, another Bench of this Court in Crl.P.No.10561 of 2018, dated 04.10.2018, while ordering investigation to go on, directed the police to strictly follow Section 41-A Cr.P.C. and the guidelines of the Apex Court in Arnesh Kumar Vs. State of Bihar1. The petitioner wants the same concession, which is entitled.

3.

Respondent No.2 even served failed to attend. 4.

Thereby, without prejudice to the contest to impugn the F.I.R. after investigation, from the investigation material, if at all charge sheeted and taken cognizance, the criminal petition is disposed of directing the police to follow Section 41-A Cr.P.C. and the guidelines of the Apex Court in Arnesh Kumar referred supra. Miscellaneous petitions pending, if any, shall stand closed. ____________________________ Dr. B. SIVA SANKARA RAO, J 22nd November 2018.

Note:

Issue C.C. in two days.

(b/o) mar 1 (2014) 8 SCC 273