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since 1985 practicing as advocate in both civil & criminal laws

Saturday, December 22, 2018

whether the police has to observe sec.41 A of Cr.P.C - even in Sc and St cases? - yes Sections 447, 427 read with Section 34 I.P.C. and Section 3(1)(g) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.Without touching the merits of the case and acceding to the request of the learned counsel for the petitioner-accused, this Criminal Petition is disposed of directing the Police concerned to follow the procedure prescribed under Section 41-A Cr.P.C. and abide by the guidelines issued by the Apex Court in Arnesh Kumar v. State of Bihar1

Hon'ble Dr. Justice Shameem Akther
Dr. Justice
Shameem Akther


High court at Hyderabad for the state of Telangana and the state of AP
THE HON’BLE DR. JUSTICE SHAMEEM AKTHER
CRIMINAL PETITION No.1552 of 2018
POLI VENKATA SUBBA REDDY
Occ Agriculture R/o Chinniugaripalli Seetarampuram Rajampet Mandal Kadapa District
vs
STATE OF AP
Through S H O Mannur P S Kadapa District 

ORDER:
This Criminal Petition is filed under Section 482 Cr.P.C. to quash
the proceedings in F.I.R.No.27 of 2018 of Mannur Police Station, Kadapa
District, filed for the offences punishable under Sections 447, 427 read
with Section 34 I.P.C. and Section 3(1)(g) of the Scheduled Castes and
the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.
2. Heard the learned counsel for the petitioner-accused and
the learned Assistant Public Prosecutor (A.P.) appearing for respondent
No.1-State, and perused the record.
3. The learned counsel for the petitioner-accused submits that his
client did not damage the plants belonging to respondent No.2 –
the de facto complainant and he is no way responsible for the offences
alleged against him and that considering the nature of the allegations, a
direction may be issued to the Police concerned to follow the procedure
prescribed under Section 41-A Cr.P.C.
4. Without touching the merits of the case and acceding to the
request of the learned counsel for the petitioner-accused, this Criminal
Petition is disposed of directing the Police concerned to follow the
procedure prescribed under Section 41-A Cr.P.C. and abide by the
guidelines issued by the Apex Court in Arnesh Kumar v. State of
Bihar1
.
5. Miscellaneous petitions, if any, pending in this Criminal Petition
shall stand closed.
___________________
DR. SHAMEEM AKTHER,J
12th February, 2018
GHN

1
 (2014)8 SCC 273 

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