Criminal petition for quashing proceedings under SC/ST (POA) Act was dismissed as not a fit case. Arrest protection directed per Arnesh Kumar guidelines only if petitioners alive; interim stay vacated if first petitioner deceased.
Petition dismissed; arrest protection only if alive; interim stay vacated.
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SMT JUSTI CE T. RAJANI
CRI MI NAL PETI TI ON No.4 2 1 6 of 2 0 1 1
ORDER:
This petition is filed for quash of the proceedings in FIR.No.42 of 2011 of Mandapeta Rural Police Station, East Godavari District.
1 (2014) 8 SCC 273
2
With the above observation, the criminal petition is dismissed. The interim stay, granted earlier, in CRLPM.No.43780 of 2011 dated 24.05.2011 shall stand vacated. As a sequel, the miscellaneous petitions, if any pending, shall stand closed.
__________ T. RAJANI, J
December 7, 2017 DSK
2 issues framed by the court
Whether the criminal proceedings under Section 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 read with Section 506 IPC are fit for quashing?
Whether the petitioner can be protected from arrest despite the infirmity of the quashing plea?
Colour shows how this judgement treated each authority
Arnesh Kumar v. State of BiharExplained¶7
ARNESH KUMAR v . STATE OF BI HAR (2014) 8 SCC 273 · Who else cites this
Smt Justice T. Rajani
State
Second Respondent
T. RAJANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
