Vinesh Jadhav v. The State Of Telangana

HON'BLE SRI JUSTICE C.PRAVEEN KUMAR CRIMINAL PETITION No.3914 of 2015 ORDER:

The present Criminal Petition is filed under Section 438 Cr.P.C. seeking release in the event of arrest of the petitioners in an un-registered crime alleged to be registered in Kukatpally Police Station, Hyderabad. The Public Prosecutor on instructions submits that no report is received from the second respondent in any of the police station in this State. Hence, I am not inclined to grant the relief sought for. However, if the report is received for the offences punishable with imprisonment for a term which may be less than seven years or which may extend to seven years, the investigating agency shall scrupulously follow the conditions stipulated in the judgment of the Apex Court in Arnesh Kumar v. State of Bihar and another[1] and also Section 41 Cr.P.C., before taking any coercive steps against the petitioners.

With the above direction, the Criminal Petition is disposed of. _________________________ JUSTICE C. PRAVEEN KUMAR 30.04.2015 gkv [1] 2014 (2) ALT (Crl.) 457 SC