Dudala Sushma v. State Of Andhra Pradesh

HON'BLE Dr. JUSTICE B. SIVA SANKARA RAO CRIMINAL PETITION No.12619 of 2018 ORDER :

Impugning the First Information Report in Crime No.369 of 2018 registered by the Buchireddypalem Police Station, Nellore District, for the offences punishable under Sections 323 and 506 read with 34 IPC and Section 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, on the report of the 2nd respondentde facto complainant, the petitioners/A.1 to A.4 filed the quash petition. 2.

Heard learned counsel for the petitioners and learned Public Prosecutor, representing the 1st respondent-State in opposing the same, before ordering notice to the 2nd respondent and before admission. Perused the First Information Report and quash petition averments. 3.

A perusal of the First Information Report and quash 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 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 18th December 2018.

mar 1 (2014) 8 SCC 273