The High Court disposed of a criminal petition under Section 482 CrPC. Instead of quashing proceedings for offences under the SC/ST Act, the Court directed the police to conduct investigation scrupulously following the procedure under Section 41A CrPC.
Directed the police to follow the procedure contemplated under Section 41A CrPC scrupulously.
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.
THE HON’BLE SRI JUSTICE K. SREENIVASA REDDY Criminal Petition No.109 of 2020
ORDER:
The present Criminal Petition is filed, under Section 482 CrPC, seeking to quash the proceedings in crime No.344 of 2019 of Kurnool II Town police station, Kurnool registered for the offences punishable under Sections 324 read with 34 IPC and 3 (1) (r) and 3 (1) (s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, against the petitioners/A.1 and A.2.
On 10.12.2019 at about 2.10 PM, 2nd respondent, along with his friends B.Anjaneyulu and V.Ramudu, went to Court in Kurnool by an Auto, and while they were going to meet their Reddy, 2nd petitioner/A.2, who is mother of 1st petitioner/A.1 called them and when they went to her, 1st petitioner/A.1 abused him in the
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name of his caste and attacked him with a stone. At that time, 2nd petitioner/A.2 also abused him in the name of his caste. As a result, a bleeding injury was caused to his ear. Inspite of the same, the accused beat him. At that time, his friends rescued him. Immediately, he went to Government Hospital and took treatment.
arguing for some time, confined his argument to the extent of directing the police to conduct investigation in
the aforesaid crime by following the procedure under Section 41A CrPC.
another1 .
1 2014 (2) ALT (Crl.) 457 (SC)
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Pending Miscellaneous Petitions, if any, shall stand
closed.
___________________________________ JUSTICE K. SREENIVASA REDDY
06.09.2022. DRK
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THE HONOURABLE SRI JUSTICE K. SREENIVASA REDDY
Criminal Petition No.109 of 2020
DRK
06.09.2022
2 issues framed by the court
Whether police investigation in the registered offence should be conducted under Section 41A CrPC.
Whether to quash criminal proceedings in SCSST Act case.
Colour shows how this judgement treated each authority
Arnesh Kumar v. State of BiharApplied¶12
Arnesh Kumar v. State of Bihar
2 provisions across 1 enactments
A.1 and A.2
State
2nd respondent
K. Sreenivasa Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
