Bodduluri Gopi v. The State Of Andhra Pradesh

HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY Crl.P.No.10253 of 2017 ORDER:

This Criminal Petition is filed under Section-482 Cr.P.C. to quash the proceedings against the petitioners in Crime No.68 of 2017 on the file of Balayapalli Police Station, SPSR Nellore, registered for the offences punishable under Sections-323 and 355 read with Section-34 IPC and under Section-3(1)(r)(s)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amended Act, 2015.

After arguing the case for a while, Mr. S.M.Rafee, learned counsel for the petitioners, requested this Court to direct the Station House Officer/Investigating Officer concerned to follow the procedure under Section-41-A of the Code of Criminal Procedure and the guidelines issued by the Apex Court in Arnesh Kumar Vs. State of Bihar1.

Accepting the request of the learned counsel for the petitioners, without touching the merits or the various grounds urged in the Criminal Petition, I deem it appropriate to direct 1 (2014)8 SCC273

the Station House Officer, Balayapalli Police Station, SPSR Nellore to follow the procedure under Section-41-A of the Code of Criminal Procedure and the guidelines issued by the Apex Court in Arnesh Kumar (supra) subject to their applicability. Subject to the above direction, the Criminal Petition is disposed of.

As a sequel, CrlPMP.No.11338 of 2017 filed by the petitioner for interim relief stands disposed of as infructuous. ________________________________________ JUSTICE M.SATYANARAYANA MURTHY 07th November 2017 DR