HON'BLE SRI JUSTICE K. SREENIVASA REDDY

Criminal Petition No.6308 of 2023

Order:

This Criminal Petition, under Section 482 Cr.P.C., has been filed on behalf of the petitioner herein/A1, to quash the proceedings in Crime No.134 of 2023 of Anantapur II Town Police Station, Ananthapuram district, registered for the offences punishable under Sections 420 and 506 IPC and Sections 3(1)(r)(s) and 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act.

2. Learned counsel for the petitioner, after arguing for some time, has confined his argument to the extent of protecting the petitioner herein from the coercive action by the police on the ground that the offences alleged are punishable with imprisonment of less than seven years and prays this Court to direct the police to follow the procedure as contemplated under Section 41A of Cr.P.C.

3. On the other hand, learned Assistant Public Prosecutor did not oppose the same and concurred with the submission made by the learned counsel for the petitioner for the reason that the offences alleged are punishable with imprisonment of less than seven years.

4. Heard. Perused the material on record.

Since the offences alleged are punishable with imprisonment of 5. less than seven years, this Court directs the police to follow the procedure as contemplated under Section 41A of Cr.P.C. scrupulously as per the guidelines enunciated in Arnesh Kumar Vs. State of

Bihar and another¹.

6. With the above directions, the Criminal Petition is disposed of.

7. As a sequel thereto, the miscellaneous petitions, if any, pending in this Criminal Petition, shall stand closed.

K. SREENIVASA REDDY, J.

Date: 24.08.2023 Nsr

$1$ (2014) 8 SCC 273

HON'BLE SRI JUSTICE K. SREENIVASA REDDY

Criminal Petition No.6308 of 2023

Date:24.08.2023

Nsr