Nagunoori Nangunuri Mallesham vs The State Of Telangana
2022 Latest Caselaw 5023 Tel

         HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY


                   WRIT PETITION No. 38017 OF 2022

ORDER:

Sri K. Venumadhav, the learned counsel for the

petitioners submitted that as per judgment of this Court in

Konidhana Ananda Sharma V. State of Andhra Pradesh1,

the procedure contemplated under Section 41-A Cr.P.C has to

be followed even in the case of offences punishable under the

provisions of the Scheduled Castes and the Scheduled Tribes

(Prevention of Atrocities) Act, 1989.

2. Learned counsel for the petitioners also refers to

orders dated 15.11.2021 in W.P.No.28676 of 2021 passed by

this Court in similar circumstances.

3. Following the orders dated 15.11.2021 in

W.P.No.28676 of 2021 passed by this Court, this Writ Petition

is disposed of directing respondent Nos.2 and 3 to comply with

the mandatory procedure contemplated under Section 41-A of

Cr.P.C and guidelines formulated by the Supreme Court in

2017 (2) ALD (Crl) 756

Arnesh Kumar v. State of Bihar2, while conducting

investigation in FIR No.369 of 2022 on the file of II Town Police

Station, Karimnagar District. There shall be no order as to

costs.

4. As a sequel, miscellaneous applications pending, if

any, in this Writ Petition, shall stand closed.

__________________________ B. VIJAYSEN REDDY, J 11.10.2022 KL/GVR

(2014) 8 SCC 273