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Judgment
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short Cr.P.C.) by the petitioners, who are arrayed as accused Nos.1 to 3 in FIR, seeking to quash the proceedings against them in Crime No.158 of 2024 on the file of Police Station, Korutla, registered for the alleged offences punishable under Sections 307, 324, 341, 290 read with 34 of the Indian Penal Code (for short IPC) and Sections 3(1)(r)(s), 3 (2)(Va) of Scheduled Castes and Scheduled Tribes (prevention of Atrocities), Amendment Act, 2015 (for short the Act).
Heard Sri Alluri Divakar Reddy, learned counsel for the petitioners, Mr. K. Venumadhav, learned counsel for respondent No.2 and Sri S. Ganesh, learned Assistant Public Prosecutor for respondent No.1 State.
The offences alleged against the petitioners are under Sections 307, 324, 341, 290 read with 34 of IPC and Sections 3(1)(r)(s), 3 (2) (Va) of the Act. As seen from the record, the petitioners attacked respondent No.2, for which, he sustained injuries. Therefore, the police registered the case including Section 307 of IPC.
As per the instructions of learned Assistant Public Prosecutor, respondent No.2 received simple injuries. Therefore, the ingredients of the offence under Section 307 are not attracted against the petitioners/accused Nos.1 to 3. Therefore, it is a fit case to direct the police concerned to issue notice under Section 41-A Cr.P.C. to the petitioners/accused Nos.1 to 3. The petitioners are directed to appear before the Investigating Officer on or before 04.04.2024 between 11:00 a.m. and 05:00 p.m. and in turn, the Investigating Officer is directed to follow the procedure laid down under Section 41-A Cr.P.C. and also the guidelines formulated by the Honble Supreme Court of India in Arnesh Kumar v. State of Bihar (2014) 8 SCC 273 scrupulously. However, the petitioners shall co-operate with the Investigating Officer as and when required by furnishing information and the petitioners shall produce all relevant documents/material required for the purpose of the investigation and the Investigating Officer shall consider the same before filing appropriate report before the learned Magistrate concerned.
Accordingly, the Criminal Petition is disposed of. Miscellaneous applications, if any pending, shall also stand closed.