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High Court for State of TelanganaCRLP/10918/2017dismissed

Jil Masthan v. The State Of Andhra Pradesh Rep. By Its P.P.

2017-11-23Shameem Akther3 pages

THE HON'BLE DR.JUSTICE SHAMEEM AKTHER CRIMINAL PETITION No.10918 OF 2017 ORDER:

This Criminal Petition is filed under Section 438 Cr.P.C., seeking to enlarge the petitioner/A-1 on bail in the event of his arrest in connection with Crime No.190 of 2017 on the file of Podalakur Police Station, Sri Potti Sriramulu Nellore District for the offences alleged under Sections 352, 355, 290, 506 and 427 I.P.C. read with Section 3(2)(Va) of the Schedule Castes and Schedule Tribes (Prevention of Atrocities) Amendment Act, 2015. 2.

Heard learned counsel for the petitioner/A-1, learned Additional Public Prosecutor for the respondent/State and perused the material available on record.

3.

Learned counsel for the petitioner/A-1 would submit that the Station House Officer may be directed to issue notice under Section 41-A Cr.P.C.

4.

There are specific allegations against the petitioner/A-1 constituting offence under the provisions of the Schedule Castes and Schedule Tribes (Prevention of Atrocities) Amendment Act. It is not a fit case to allow the bail application. It is for the Investigating Officer to invoke the relevant provisions under the Code of Criminal Procedure, 1973 in the course of investigation of the crime. It is not proper to give any direction as prayed for.

5.

Accordingly, this Criminal Petition is dismissed. ___________________________________ DR.JUSTICE SHAMEEM AKTHER Date : 23.11.2017 AMD

THE HON'BLE DR.JUSTICE SHAMEEM AKTHER CRIMINAL PETITION No.10918 OF 2017 Date: 23.11.2017 AMD