Mohd. Osman Khan , Osman Khan v. The State Of Telangana And Another

THE HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.1219 OF 2020 ORDER:

This Criminal Petition, under Section 482 of Code of Criminal Procedure, 1973, is filed by the petitioner/Accused seeking to quash the proceedings against him in Crime No.557 of 2019 of Mailardevpally Police Station, Cyberabad, registered for the offences punishable under Sections 447 & 427 I.P.C. 2.

Heard the learned counsel for the petitioner/Accused, the learned Additional Public Prosecutor representing the respondent-State and perused the record.

3.

Though the learned counsel for the petitioner/Accused 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, Mailardevpally Police Station, Cyberabad, is directed to follow the procedure laid down under Section 41-A Cr.P.C. before arresting the petitioner/Accused and strictly adhere to the guidelines formulated by the Apex Court in Arnesh Kumar case (supra). However, no coercive steps shall be taken against the petitioner/accused till filing of the final report. 1 AIR 2014 SC 2756

5.

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 Date: 19th February, 2020 KL