BATHHALA ESWARAMMA vs THE STATE OF ANDHRA PRADESH

HON’BLE SRI JUSTICE K.

SREENIVASA REDDY CRIMINAL PETITION No.5868 of 2023 Order: This Criminal Petition, under Section 482 Cr.P.C., has been filed on behalf of the petitioners herein to quash the proceedings in Crime No.215 of 2023 of Railway Kodur Police Station, Annamayya District, registered for the offences punishable under Sections 506 r/w.34 IPC and Sections 3(1) (i) (r) (s) of Schedule Caste, Schedule Tribe(Prevention of Atrocities Act) Amendment Act, 2015.

2.

Learned counsel for the petitioners, after arguing for some time, has confined his argument to the extent of protecting the petitioners herein from the police on the ground that the offences alleged are punishable with imprisonment of less than seven years and prays this Court to direct the police to follow the procedure as contemplated under Section 41A of Cr.P.C.

3.

On the other hand, learned Assistant Public Prosecutor did not oppose the same and concurred with the submission made by the learned counsel for the petitioners for the reason that the offences alleged are punishable with imprisonment of less than seven years.

4.

Heard.

Perused the material on record.

5.

Since the offences alleged are punishable with imprisonment of less than seven years, this Court directs the police to 2 follow the procedure as contemplated under Section 41A of Cr.P.C. scrupulously as per the guidelines enunciated in Arnesh Kumar Vs.

State of Bihar and another1.

6.

With the above direction, the Criminal Petition is disposed of.

7.

As a sequel thereto, the miscellaneous petitions, if any, pending in this Criminal Petition, shall stand closed. ________________________ K.

SREENIVASA REDDY, J.

Date:10.08.2023 TM 1 (2014) 8 SCC 273 3 HON’BLE SRI JUSTICE K.

SREENIVASA REDDY Criminal Petition No.5868 of 2023 Date:10.08.2023 TM