Shaik Jani Basha v. The State Of A.P

THE HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY CRIMINAL PETITION No.2727 OF 2017 ORDER:

This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973 (for short, 'the Cr.P.C.') is filed to grant prearrest bail to the petitioner/A.1 apprehending his arrest in connection with Crime No.17 of 2017 of Ongole Women Police Station, Prakasam District, registered for the offences punishable under Sections 498-A of IPC and Sections 3 and 4 of Dowry Prohibition Act.

After arguing the matter for a while, learned counsel for the petitioners requested this court to issue a direction to the investigating agency to follow the procedure contemplated under Section 41-A Cr.P.C. and the guidelines laid down by the Apex Court in ARNESH KUMAR V. STATE OF BIHAR1.

It is needless to say that the investigating agency is bound to follow the procedure under Section 41-A of Cr.P.C. and the guidelines laid down by the Apex Court in ARNESH KUMAR v. STATE OF BIHAR, otherwise it would amounts to contempt. Therefore, this Court is not required to give any specific direction to follow the Apex Court guidelines.

With the above observations, the criminal petition is disposed of.

___________________________________ M. SATYANARAYANA MURTHY, J Date:12.04.2017 ccm 1 (2014) 8 SCC 273

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