Mohammed Obyedullah Khan v. The State Of Telangana

HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.1146 of 2020 ORDER:

This petition is filed under Section 482 Cr.P.C., seeking to quash the proceedings in Cr.No.92 of 2020 on the file of Raidurgam Police Station, Cyberabad District, registered for the offences under Sections 420, 468, 471, 504, 506 read with Section 34 IPC, against the petitioners/A1 to A3.

2.

During hearing, learned counsel for the petitioners seeks permission to withdraw the criminal petition against petitioner No.3/A3. Permission is accorded and the Criminal Petition is dismissed as withdrawn against petitioner No.3/A3.

3.

Insofar as petitioner Nos.1 and 2/A1 and A2 is concerned, learned counsel seeks to give a direction to the Investigating agency to follow the procedure prescribed under Section 41-A of the Code of Criminal Procedure and the guidelines prescribed by the Apex Court in Arnesh Kumar v. State of Bihar and another1.

4.

Learned Additional Public Prosecutor would submit that the directions of the Apex Court have to be followed and implemented. 5.

In that view of the matter, the Criminal Petition is disposed of, directing the police concerned to follow the procedure under Section 41-A Cr.P.C., and the guidelines issued by the Apex Court in Arnesh Kumar's case (supra), against petitioner Nos.1 and 2/A1 and A2.

1 AIR 2014 SC 2756

6.

The Criminal Petition is dismissed as withdrawn against petitioner No.3/A3.

7.

As a sequel thereto, miscellaneous applications, if any, pending shall stand closed.

______________ G. SRI DEVI, J 18th February, 2020.

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