Thumula Sai Baba v. The State Of Telangana

HON'BLE Dr. JUSTICE B. SIVA SANKARA RAO WRIT PETITION No.42690 of 2018 ORDER :

Impugning the First Information Report in Crime No.354 of 2018 registered by the Hanamkonda Police Station, Warangal Commissionerate, for the offences punishable under Sections 290 and 506 IPC and Section 3(1)(r)(s) and (z) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, on the report of the 5th respondent-de facto complainant, the petitioners/A.1 and A.2 filed the writ petition. 2.

Heard learned Government Pleader for Home for respondent Nos.1 to 4, before ordering notice to the 5th and 6th respondents and before admission. Perused the First Information Report and writ petition averments. 3.

A perusal of the First Information Report and writ petition averments no way entitles 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.

4.

Accordingly and in the result, the writ petition is disposed of without prejudice to any future defence of the petitioners. Miscellaneous petitions pending, if any, shall stand closed. No costs. ____________________________ Dr. B. SIVA SANKARA RAO, J 15th December 2018.

mar 1 (2014) 8 SCC 273