Matha Gavarayya v. The State Of Andhra Pradesh,

THE HON'BLE DR. JUSTICE B.SIVA SANKARA RAO CRIMINAL PETITION No.6586 OF 2017 ORDER:

Heard learned counsel for the petitioners and also learned Public Prosecutor, representing 1st respondent - State, before ordering notice to 2nd respondent and perused the grounds in the quash petition.

2.

It is premature for this court from the investigation at nestle stage to interdict the investigation. Hence, this petition is disposed of, without prejudice to any of the future available defences of the accused, however, by directing the police, in the event of any necessity of arrest of the petitioner, strictly follow Section 41A Cr.P.C. and also the guidelines laid down by the Hon'ble Apex Court in Arnesh Kumar Vs. State of Bihar1.

3.

Miscellaneous petitions pending consideration, if any, in this case shall stand closed in consequence.

_____________________________ DR.B.SIVA SANKARA RAO,J 01.08.2017 SS 1 2014 (5) SCC 324