Srinivas Reddy v. Panthangi Jithender

THE HON'BLE JUSTICE G.SRI DEVI CRIMINAL PETITION No.437 of 2020 ORDER:

This Criminal Petition, under Section 482 of Code of Criminal Procedure, 1973, is filed by the petitioner/Accused No.1 seeking to quash the proceedings against him in Crime No.115 of 2019 of Kamanpur Police Station, Peddapalli District, registered for the offence punishable under Sections 354 (A) (2) I.P.C and Section 7 read with 8 of the POCSO Act, 2012 2.

Heard the learned counsel for the petitioner/Accused No.1, the learned Additional Public Prosecutor representing the 2nd respondent-State and perused the record.

3.

Though the learned counsel for the petitioner/Accused No.1 filed the present petition for quashing the investigation in the aforesaid crime, he restricts his prayer seeking a direction to the Investigating agency to follow the procedure prescribed under Section 41-A Cr.P.C. and follow the guidelines prescribed by the Apex Court in Arnesh Kumar v. State of Bihar and another1. 4.

Under these circumstances, the Station House Officer, Kamanpur Police Station, Peddapalli District, is directed to follow the procedure laid down under Section 41-A Cr.P.C. before arresting the petitioner/Accused No.1 and strictly adhere to the guidelines formulated by the Apex Court in Arnesh Kumar case (supra).

1 AIR 2014 SC 2756

6.

With the above direction, the Criminal Petition is disposed of. Miscellaneous petitions, if any, pending in this criminal petition shall stand closed.

______________________ JUSTICE G.SRI DEVI 11th February, 2020 KL