Kammanaboina Srinivas vs The State Of Telangana And 6 Others
2022 Latest Caselaw 2304 Tel

THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR

                    WRIT PETITION NO.23714 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, 341, 506 and 504 read with Section 34 of

the Indian Penal Code and Section 3(1)(r)(s) of the SC and ST

(Prevention Of Atrocities) 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/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.23714 OF 2022

of Bihar2 while causing investigation in FIR.No.64 of 2022 of

P.S. Alair, Rachakonda 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