Lingampalli Venu vs State Of Telangana
2021 Latest Caselaw 3157 Tel

               THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY

                                W.P. No.23609 of 2021

ORDER:

Personal notice was directed by this Court vide order dated

24.09.2021 and the petitioner has taken personal notice on the

6th respondent and filed proof of service vide USR. No.60014. However,

there is no appearance on behalf of the 6th respondent.

Learned counsel for the petitioner submits that this Court in

KONIDHANA ANANDA SHARMA Vs. STATE OF ANDHRA PRADESH1

held that offences under the provisions of the SC and ST (POA) Act, 1989

are punishable with a term less than seven years, therefore, procedure

contemplated under Sections 41 and 41-A Cr.P.C., squarely applies to

them. He further submits that the FIR registered against the petitioner

for the alleged offences under Sections 294(b), 323, 324 read with 34

IPC; Sections 3(1)(e) (s) , 3(2) (va) of SC/ST (Prevention of Atrocities)

Amendment Act, 2015 do not attract against the petitioner and all these

offences are punishable with a term less than seven years. Hence,

the said judgment is squarely applicable to the present case.

In the circumstances, there shall be direction to the respondents

3 to 5/Investigating Officers shall strictly follow the procedure

contemplated under Section 41-A Cr.P.C., and the guidelines of the

Hon'ble Apex Court in ARNESH KUMAR VS. STATE OF BIHAR2 while

causing investigation in FIR. No.115 of 2021.

2017 (2) ALD (Crl.) 756

(2014) 8 SCC 273 With the above, this writ petition is disposed of. Pending

miscellaneous applications, if any, shall stand closed. There shall be no

order as to costs.

______________________________ JUSTICE B.VIJAYSEN REDDY Date: 01.11.2021 LSK