C. Tukaram v. The State Of Telangana

THE HON'BLE SRI JUSTICE SANJAY KUMAR CRIMINAL PETITION No.1988 OF 2019 ORDER :

The petitioner is the sole accused in Crime No.324 of 2018 on the file of Chanda Nagar Police Station, Cyberabad District, registered for offences punishable under Sections 420 and 417 IPC. He filed the present petition under Section 482 Cr.P.C. to direct the police authorities to follow the procedure prescribed under Section 41-A Cr.P.C. and the guidelines prescribed by the Supreme Court in Arnesh Kumar vs. State of Bihar1.

As it is an admitted fact that the charges levelled against the petitioner would bring him within the scope of the law laid down by the Supreme Court in Arnesh Kumar (supra), the learned Assistant Public Prosecutor would concede that the directions of the Supreme Court have to be followed and implemented.

In that view of the matter, the Criminal Petition is allowed to the extent of directing the police to abide by the directions of the Supreme Court as set out in para Nos.11.2 to 11.6 in Arnesh Kumar (supra).

____________________ SANJAY KUMAR, J 15th April, 2019 sur 1 (2014) 8 SCC 273