THE HONOURABLE SMT JUSTICE JUVVADI SRIDEVI
CRIMINAL PETITION No.4398 OF 2022
ORDER:
This Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.'), is filed seeking to quash the proceedings in Crime No.75 of 2022, pending on the file of Chennur Police Station, Ramagundam Commissionerate, Mancherial District. Petitioners herein are A-1 to A-11 in the said crime. The offences alleged against them are under Sections 341, 294(b), 324, 427, 506, 143, 147 r/w 149 IPC and under Sections 3(1)(r)(s), 3(2)(va) of SC/ST (POA) Act, 1989.
2. Sri A.Praneeth, learned counsel for the petitioners would submit that the 2nd respondent/de facto complainant falsely implicated the petitioners in the present case. Admittedly, the petitioners and the de facto complainant belong to rival political parties. There is threat of arrest. Therefore, he sought a direction to the petitioners to follow the procedure laid down under Section 41-A Cr.P.C and also the guidelines issued by the Apex Court in Arnesh Kumar v. 2 State of Bihar1. He placed reliance on an unreported judgment of the erstwhile High Court of A.P. in Rajulapati Ankababu v. The State of Andhra Pradesh rep., by its Public Prosecutor, High Court of Judicature at Hyderabad2.
3. On perusal of the entire material papers would reveal that the present compliant was lodged against the petitioners at the behest of the 2nd respondent due to political rivalry.
4. In the judgment of Rajulapati Ankababu (2 supra), it was held that the provisions of Cr.P.C. are applicable to the Special Acts so far as the investigation, inquiry and trial are concerned, unless there is specific provisions under the Special Act. Even under the amended Act, there is no provision which specifically excludes the application of Section 41-A of Cr.P.C in respect of offences committed under the SC/ST Act.
5. Considering the above facts and also the principle held in the above said judgments, this Criminal Petition is 1 (2014) 8 SCC 273 2 Crl.P.No.7468 of 2017 3 disposed of directing the Police in Crime No.75 of 2022, Chennur Police Station, Ramagundam Commissionerate, Mancherial District, to strictly follow the procedure laid down under Section 41-A of Cr.P.C. and also the guidelines issued by the Hon'ble Supreme Court in Arnesh Kumar (1 supra). Further, till completion of investigation and filing of charge sheet, the Police, Chennur Police Station, Ramagundam Commissionerate, Mancherial District, are directed not to arrest the petitioners.
6. Miscellaneous Petitions, if any, pending, shall also stand closed.
_______________________ JUVVADI SRIDEVI, J Date: 19.05.2022 Dv/KL