THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT PETITION No.41837 of 2022
ORDER:
Heard Mr. K.Venumadhav, learned counsel for the petitioner, and learned Assistant Government of Pleader for Home, and perused the available material on record.
2. Learned counsel for the petitioner submits that the limited relief is sought for. It is stated that the Crime No.148 of 2022, dated 13.11.2022 registered with Chandurthy Police Station for the offences punishable under Sections 323, 506 of Indian Penal Code, 1860 (I.P.C.) and Section 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 (for short "SC&ST (POA) Amendment Act, 2015").
3. Learned Assistant Government Pleader for Home, submitted that due process of law will be followed while conducting the investigation in the said Crime No.148 of 2022 registered with Chandurthy Police Station. In Criminal Petition No.3452 of 2017 Judgment dated 22.06.2017 it was held by the Honourable High Court of Telangana and Andhra Pradesh in Konidhana Ananda Sharma v. State of Andhra Pradesh rep. by its Public Prosecutor, High Court at Hyderabad, procedure contemplated under Section 2 BVR,J WP.No.41837 of 2022 41 A of Cr.P.C., is applicable even to the offences under Section SC&ST (POA) Amendment Act, if the offences punishable with an imprisonment up to seven (7) years. The offences in the instant case are under Section 3(1)(r)(s) of the SC&ST (POA) Amendment Act, 2015 and punishable with an imprisonment upto five (5) years.
4. In view of the same, this writ petition is disposed of directing respondent No.2-Sub-Divisional Police Officer-cum- Deputy Superintendent of Police, Vemulawada, Rajanna Sircilla District and respondent No.3-Station House Officer, Chandurthy Police Station, Rajanna Sircilla District, to follow procedure contemplated under Section 41-A of Code of Criminal Procedure, 1973 (Cr.P.C.) and the guidelines issued by the Honourable Apex Court in Arnesh Kumar v. State of Bihar1 in connection with Crime No.148 of 2022 registered with Chandurthy Police Station.
As a sequel thereto, the miscellaneous petitions, if any, pending shall stand closed. No order as to costs.
______________________ B. VIJAYSEN REDDY, J November 17, 2022 Note: Issue CC today NSP/myk 1 2014(8) SCC 273 3 BVR,J WP.No.41837 of 2022