Held that the investigation must proceed to its logical conclusion. However, the court directed the investigating officer to scrupulously follow Section 41-A of Cr.P.C. and the Arnesh Kumar guidelines. The petition was disposed of accordingly.
Investigation to be continued; directing IO to follow Section 41-A Cr.P.C. and Arnesh Kumar guidelines.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HON'BLE SRI JUSTICE U. DURGA PRASAD RAO CRIMINAL PETITION No.5045 OF 2019
ORDER :
1. In this Criminal Petition, filed under section 482 of Cr.P.C., the petitioners/accused Nos.1 to 5 seek to quash the proceedings against them in Crime No.145 of 2019, of Nellore VI Town Police Station, SPSR Nellore district, which is registered against them and others for the offences under sections 448, 323, 324 and 506 R/w.34 of IPC and Sections 3(1)(r)(s) and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, ‘the Act of 1989’). Investigation is reported to be pending.
2. Heard learned counsel for the petitioners, learned Additional Public Prosecutor appearing for the 1st respondent-State, and perused the record.
3. Having regard to the nature of accusation alleged against the petitioners/A-1 to A-5, this Court is of the opinion that investigation shall lead to its logical conclusion. Therefore, the proceedings cannot be quashed against them. However, considering the fact that the allegations in Crime No.145 of 2019 are covered under sections 448, 323, 324 and 506 R/w.34 of IPC and Sections 3(1)(r)(s) and 3(2)(v) of the Act of 1989 which are amenable to Section 41-A of Cr.P.C., the investigating officer is directed to scrupulously follow the procedure contemplated under Section 41-A Cr.P.C. and also the guidelines
UDPR,J Crl.P. No.5045 of 2019
2
rendered by the Apex Court in Arnesh Kumar Vs. State of Bihar1 during the course of investigation against them. Further, the petitioners/accused Nos.1 to 5 shall co-operate with the investigating agency for smooth completion of the investigation.
4. The Criminal Petition is, accordingly, disposed of.
5. As a sequel, miscellaneous petitions pending, if any, shall stand
closed.
U. DURGA PRASAD RAO, J
Date:12.09.2019 Note : Issue C.C. by 13.09.2019 Dsh
1 2014 (3) ACR 2670 (SC)
2 issues framed by the court
Whether the criminal proceedings against the petitioners under IPC and SC/ST Act can be quashed at this stage.
Whether the investigating officer is directed to follow Section 41-A of Cr.P.C. during investigation.
Colour shows how this judgement treated each authority
Arnesh Kumar Vs. State of BiharExplained¶5
2014 (3) ACR 2670 (SC)
4 provisions across 3 enactments
Petitioners/A-1 to A-5
State
U. DURGA PRASAD RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
