G Demudu v. The State Of A.P

THE HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY CRIMINAL PETITION No.2998 OF 2017 ORDER:

This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973 (for short, 'the Cr.P.C.') is filed to grant pre-arrest bail to the petitioner apprehending his arrest in connection with Crime No.180 of 2016 of Malkapuram, L & O, Police Station, Visakhapatnam, registered for the offences punishable under Sections 420, 468 and 471 of IPC.

After arguing the matter for a while, learned counsel for the petitioner requested this court to issue a direction to the investigating agency to follow the procedure contemplated under Section 41-A Cr.P.C. and the guidelines laid down by the Apex Court in ARNESH KUMAR v. STATE OF BIHAR1.

It is needless to say that the investigating agency is bound to follow the procedure under Section 41-A of Cr.P.C. and the guidelines laid down by the Apex Court in ARNESH KUMAR v. STATE OF BIHAR, otherwise it would amounts to contempt. Therefore, this Court is not required to any specific direction to follow the Apex Court guidelines.

With the above observation, the criminal petition is disposed of. ___________________________________ M. SATYANARAYANA MURTHY, J Date:26.04.2017 ccm 1 (2014) 8 SCC 273

- 2 - THE HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY CRIMINAL PETITION No.2998 OF 2017 Date:26.04.2017 ccm