Gaddam Ranadheer Reddy vs The State Of Telangana And 2 Others
2022 Latest Caselaw 5979 Tel

         THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
                 WRIT PETITION No.41837 of 2022
ORDER:

Heard Mr. K.Venumadhav, learned counsel for the

petitioner, and learned Assistant Government of Pleader for Home,

and perused the available material on record.

2. Learned counsel for the petitioner submits that the limited

relief is sought for. It is stated that the Crime No.148 of 2022,

dated 13.11.2022 registered with Chandurthy Police Station for the

offences punishable under Sections 323, 506 of Indian Penal Code,

1860 (I.P.C.) and Section 3(1)(r)(s) of the Scheduled Castes and

Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015

(for short "SC&ST (POA) Amendment Act, 2015").

3. Learned Assistant Government Pleader for Home, submitted

that due process of law will be followed while conducting the

investigation in the said Crime No.148 of 2022 registered with

Chandurthy Police Station. In Criminal Petition No.3452 of 2017

Judgment dated 22.06.2017 it was held by the Honourable High

Court of Telangana and Andhra Pradesh in Konidhana Ananda

Sharma v. State of Andhra Pradesh rep. by its Public Prosecutor,

High Court at Hyderabad, procedure contemplated under Section

BVR,J WP.No.41837 of 2022

41 A of Cr.P.C., is applicable even to the offences under Section

SC&ST (POA) Amendment Act, if the offences punishable with an

imprisonment up to seven (7) years. The offences in the instant

case are under Section 3(1)(r)(s) of the SC&ST (POA) Amendment

Act, 2015 and punishable with an imprisonment upto five (5)

years.

4. In view of the same, this writ petition is disposed of

directing respondent No.2-Sub-Divisional Police Officer-cum-

Deputy Superintendent of Police, Vemulawada, Rajanna Sircilla

District and respondent No.3-Station House Officer, Chandurthy

Police Station, Rajanna Sircilla District, to follow procedure

contemplated under Section 41-A of Code of Criminal Procedure,

1973 (Cr.P.C.) and the guidelines issued by the Honourable Apex

Court in Arnesh Kumar v. State of Bihar1 in connection with

Crime No.148 of 2022 registered with Chandurthy Police Station.

As a sequel thereto, the miscellaneous petitions, if any,

pending shall stand closed. No order as to costs.

______________________ B. VIJAYSEN REDDY, J November 17, 2022 Note: Issue CC today NSP/myk

2014(8) SCC 273

BVR,J WP.No.41837 of 2022