THE HON'BLE SRI JUSTICE B.VIJAYSEN REDDY
WRIT PETITION No. 27616 OF 2021
O R D E R:
Petitioner is accused in Crime No. 152 of 2021, P.S. Thallada, Khammam registered for the offences under Sections 498-A, 324 and 506 read with Section 34 IPC and Section 3(1)(r)(s) of Scheduled Castes, Scheduled Tribes (Prevention of Atrocities) Act, 1989. The grievance of petitioner is that he is falsely implicated in the crime. All the offences are punishable with an imprisonment of less than seven years. In spite of the same, police are threatening to arrest the accused without following mandatory procedure under Section 41-A Cr.P.C. and judgment of the Supreme court in Arnesh Kumar v. State of Bihar1. This Court in Konidhana Ananda Sharma v. State of Andhra Pradesh2 held that procedure under Section 41-A Cr.P.C. has to be complied with also in respect of offences covered under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
In the circumstances, there shall be direction to the 2nd respondent / Investigating Officer to comply with procedure under Section 41-A Cr.P.C. and guidelines issued by the Hon'ble Supreme Court in Arnesh Kumar's case.
The Writ Petition is disposed of accordingly. No costs. Consequently, the miscellaneous Applications, if any shall stand closed.
_________________________ B.VIJAYSEN REDDY,J 05th November 2021 ksld 1 AIR 2014 SC 2756 2 2017(2) ALD (Cri) 756 Learned counsel for the petitioners submits that his clients instructed him not to press the contempt case.
Recording the above submission, the contempt case is closed as not pressed.
Miscellaneous petitions, if any, pending shall also stand closed.