Md. Amair v. Mohammed Anwar Ahmed

THE HON'BLE JUSTICE G.SRI DEVI CRIMINAL PETITION No.2853 of 2019 ORDER:

This Criminal Petition, under Section 482 of Code of Criminal Procedure, 1973, is filed by the petitioner/A.1 seeking to quash the proceedings in Crime No.81 of 2019 of Charminar Police Station, Hyderabad, registered for the offences punishable under Sections 448, 427 and 506 I.P.C.

2.

Heard the learned counsel for the petitioner/A.1 and the learned Additional Public Prosecutor representing the 2nd respondent-State and perused the record.

3.

Though the learned counsel for the petitioner/A.1 filed the petition for quashing of 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 to follow the guidelines prescribed by the Apex Court in Arnesh Kumar v. State of Bihar and another1.

4.

The learned Additional Public Prosecutor conceded the said request stating that the punishment for the alleged offences is imprisonment for seven years and below.

5.

Under these circumstances, the Station House Officer, Charminar Police Station, Hyderabad, is directed to follow the procedure laid down under Section 41-A Cr.P.C. before arresting the petitioner/A.1 and strictly adhere to the guidelines formulated by the Apex Court in Arnesh Kumar v. State of Bihar's case supra. 1 AIR 2014 SC 2756

6.

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 14th June, 2019 YVL

THE HON'BLE JUSTICE G.SRI DEVI CRIMINAL PETITION No.2853 of 2019 Date:14.06.2019 YVL