Vadapalli Nageswara Rao vs The State Of Telangana
2021 Latest Caselaw 3252 Tel

             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

AIR 2014 SC 2756

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.