Uradi Venkati vs State Of Telangana And 3 Others
2022 Latest Caselaw 2302 Tel

THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR

                    WRIT PETITION NO.23703 OF 2022

ORDER:

Learned counsel for the petitioners submits that this

Court in Konidhana Ananda Sharma v. 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 petitioners for the alleged offences

under Sections 324 and 294(B) read with Section 34 of the

Indian Penal Code and Section 3(1)(r), 3(2)(va) of the SC and ST

(Prevention Of Atrocities) Amendment Act, do not attract against

the petitioners and all these offences are punishable with a term

less than seven years. Hence, the said judgment is squarely

applicable to the present case.

2. 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 v. State

1 2017 (2) ALD (Crl.) 756 2 MSK,J W.P.NO.23703 OF 2022

of Bihar2 while causing investigation in FIR.No.47 of 2022 of

P.S. Chandurthy, Rajanna Siricilla District.

3. With the above, this Writ Petition is disposed of.

There shall be no order as to costs. Miscellaneous

applications, if any, pending shall stand closed.

_____________________________________ (MUMMINENI SUDHEER KUMAR, J)

19th May 2022 RRB

2 (2014) 8 SCC 273