Ramlal Gilda And 10 Others vs The State Of Telangana And Another
2022 Latest Caselaw 2296 Tel

      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.

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

(2014) 8 SCC 273

Crl.P.No.7468 of 2017

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