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2018 DIGILAW 853 (AP)

Boyina Amara Lingeswara Rao v. State of Andhra Pradesh

2018-11-22

B.SIVA SANKARA RAO

body2018
ORDER : B. Siva Sankara Rao, J. 1. The petitioner is A5 among seven accused of Crime No. 128 of 2018 of Pedaparupudi Police Station, Krishna District, registered for the offences punishable under Sections 324, 323 and 506 read with 34 IPC and Section 3(1)(r) and (s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015. 2. So far as A6 and A7, another Bench of this Court in Crl. P. No. 10561 of 2018, dated 4.10.2018, while ordering investigation to go on, directed the police to strictly follow Section 41-A Cr.P.C. and the guidelines of the Apex Court in Arnesh Kumar v. State of Bihar, 2014 (2) ALD (Crl.) 779 (SC) : AIR 2014 SC 2756 : (2014) 8 SCC 273 . The petitioner wants the same concession, which is entitled. 3. Respondent No. 2 even served failed to attend. 4. Thereby, without prejudice to the contest to impugn the FIR after investigation, from the investigation material, if at all charge-sheeted and taken cognizance, the criminal petition is disposed of directing the police to follow Section 41-A Cr.P.C. and the guidelines of the Apex Court in Arnesh Kumar's case (supra). 5. Miscellaneous petitions pending, if any, shall stand closed.