LINGAMPALLI VENU Vs. STATE OF TELANGANA

JUDGEMENT

(1.) Personal notice was directed by this Court vide order dated 24.09.2021 and the petitioner has taken personal notice on the 6th respondent and filed proof of service vide USR. No.60014. However, there is no appearance on behalf of the 6th respondent.

(2.) Learned counsel for the petitioner submits that this Court in KONIDHANA ANANDA SHARMA Vs. STATE OF ANDHRA PRADESH 2017 (2) ALD (Crl.) 756 held that offences under the provisions of the SC and ST (POA) Act, 1989 are punishable with a term less than seven years, therefore, procedure contemplated under Sections 41 and 41-A Cr.P.C., squarely applies to them. He further submits that the FIR registered against the petitioner for the alleged offences under Sections 294(b), 323, 324 read with 34 IPC; Sections 3(1)(e) (s) , 3(2) (va) of SC/ST (Prevention of Atrocities) Amendment Act, 2015 do not attract against the petitioner and all these offences are punishable with a term less than seven years. Hence, the said judgment is squarely applicable to the present case.

(3.) In the circumstances, there shall be direction to the respondents 3 to 5/Investigating Officers shall strictly follow the procedure contemplated under Section 41-A Cr.P.C., and the guidelines of the Hon'ble Apex Court in ARNESH KUMAR VS. STATE OF BIHAR (2014) 8 SCC 273 while causing investigation in FIR. No.115 of 2021.