Telangana High Court
B V Ram Kumar vs The State Of Telangana on 26 July, 2018
THE HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY
Crl.P.No.7823 of 2018
ORDER
This petition is filed under Section 482 Cr.P.C., to quash the proceedings in Crime No.132 of 2018 of Bowenpalli Police Station, Hyderabad, registered for the offences punishable under Sections 506 IPC and Section 3(1)(r)(u) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2015 (for short 'the Act'), on various grounds.
The petitioner is the Deputy Director (Administration) in the Office of National Institute for the Empowerment of Persons with Intellectual Disabilities (Vivyangjan), Ministry of Social Justice and Empowerment, Government of India.
However, learned Assistant Solicitor General of India requested the Court to grant not to arrest, which cannot be granted as it amounts to pre- arrest bail, which is prohibited under Section 18 of the Act. The crime was registered without following the guidelines issued by the Apex Court in Dr. Subhash Kashinath Mahajan v State of Maharashtra and another1.
In view of the guidelines issued by the Apex Court in Dr Subhash Kashinath Mahajan's case referred supra, the Investigating Officer is directed to follow the said guidelines.
With the above direction, the criminal petition is disposed of.
Miscellaneous petitions, if any, pending in this criminal petition shall stand closed.
______________________________ M. SATYANARAYANA MURTHY, J 26.07.2018 kvrm 1 2018 Law Suit (SC) 233