Telangana High Court
CRLP/12023/2018 of M.Charan Vs The State of Telangana on 31 December 2018
B. SIVA SANKARA RAO CRIMINAL PETITION No.12023 of 2018 ORDER: Impugning the First Information Report in Crime No.405 of 2018 registered by the Mahaboobnagar Police Station, Mahaboobnagar District, for the offences punishable under Sections 363, 324 read with 34 IPC and Sections 3(1)(r)(s) of
HONOURABLE Dr. JUSTICE B. SIVA SANKARA RAO CRIMINAL PETITION No.12023 of 2018
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ORDER:
Impugning the First Information Report in Crime No.405 of 2018 registered by the Mahaboobnagar Police Station, Mahaboobnagar District, for the offences punishable under Sections 363, 324 read with 34 IPC and Sections 3(1)(r)(s) of the SC and ST (POA) Amended Act 2015, on the report of the 2[nd] respondent-de facto complainant, the petitioner/accused filed the quash petition.
2. Heard learned counsel for the petitioner and learned Public Prosecutor, representing the 1[st] respondent-State in opposing the same, before ordering notice to the 2[nd] 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 Bihar[1].
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.
31[st] December 2018. skaska
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Dr. B. SIVA SANKARA RAO, J