Telangana High Court

CRLP/13991/2018 of Kandanulu Vidya Sagar Reddy, Vs Jakkapogula Lakshmaiah, on 31 December 2018

B. SIVA SANKARA RAO CRIMINAL PETITION No.13991 of 2018 ORDER : Impugning the First Information Report in Crime No.136 of 2018 registered by the Panyam Police Station, Kurnool District, for the offence punishable under Section 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of

HONOURABLE Dr. JUSTICE B. SIVA SANKARA RAO CRIMINAL PETITION No.13991 of 2018

ORDER:

Impugning the First Information Report in Crime No.136 of 2018 registered by the Panyam Police Station, Kurnool District, for the offence punishable under Section 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, on the report of the 1[st] respondent-de 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 2[nd] respondent-State in opposing the same, before ordering notice to the 1[st] 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 petitioners.

Miscellaneous petitions pending, if any, shall stand closed.

31[st] December 2018.

____________________________

Dr. B. SIVA SANKARA RAO, J

ska

1(2014) 8 SCC 273

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