Shaik Khadar Baba v. Namburi Rama Lingeswara Rao

HON'BLE Dr. JUSTICE B. SIVA SANKARA RAO CRIMINAL PETITION No.12809 of 2018 ORDER :

Impugning the First Information Report in Crime No.352 of 2018 registered by the Sathupally Police Station, Khammam District, for the offences punishable under Sections 188, 171(F) and 384 IPC and Section 3(1)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, on the report of the 1st respondent-de facto complainant, the petitioner/A.1 filed the quash petition. 2.

Heard learned counsel for the petitioner and learned Public Prosecutor, representing the 2nd respondent-State in opposing the same, before ordering notice to the 1st 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 petitioner. Miscellaneous petitions pending, if any, shall stand closed. ____________________________ Dr. B. SIVA SANKARA RAO, J 29th November 2018.

mar 1 (2014) 8 SCC 273