Criminal Petition under Section 482 Cr.P.C. regarding offences under IPC and SC/ST Act. Petitioner restricted request to notice under Section 41A Cr.P.C. Court disposed petition directing Investigating Officer to follow Section 41A procedure.
Direction to Investigating Officer to follow procedure under Section 41A Cr.P.C.
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THE HON’BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY CRIMINAL PETITION No.4697 of 2021
ORDER:-
This Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 (for short “Cr.P.C.”) is filed seeking quash of F.I.R in Crime No.238 of 2021 of Gadivemula Police Station, Kurnool District, registered for the offences punishable under Sections 506 r/w 34 IPC and under Sections 3(1)(r), 3(1)(s) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, against the petitioners.
Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
At the time of hearing this petition, learned counsel for the petitioners has confined his request only to order notice under Section 41A Cr.P.C stating that the aforesaid offences registered against the petitioners are all punishable with less than seven (07) years period of imprisonment.
Therefore, in view of the aforesaid request, this Criminal Petition is disposed of with a direction to the Investigating Officer to follow the procedure contemplated under Section 41A Cr.P.C.
Miscellaneous petitions, if any pending, in the Criminal Petition, shall stand closed.
_____________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY
Date: 23.08.2021 AKN
2
THE HON’BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
CRIMINAL PETITION No.4697 of 2021
Date: 23-08-2021
AKN
1 issue framed by the court
Whether to grant quashing of the FIR or notice under Section 41A Cr.P.C. in an alleged atrocity case.
2 provisions across 1 enactments
Petitioners (Unnamed)
State
CHEEKATI MANAVENDRANATH ROY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
