D.Arjuna Rao v. The State Of Telangana

THE HON'BLE JUSTICE G.SRI DEVI CRIMINAL PETITION No.3051 of 2019 ORDER:

This Criminal Petition, under Section 482 of Code of Criminal Procedure, 1973, is filed by the petitioner/accused No.2 seeking to quash the proceedings in Crime No.381 of 2019 of Vanasthalipuram Police Station, Rachakonda Commissionerate, registered for the offences punishable under Sections 420, 468, 471 and 506 I.P.C. 2.

Heard the learned counsel for the petitioner/A.2 and the learned Additional Public Prosecutor representing the 1st respondentState and perused the record. 3.

Though the present petition is filed seeking to quash the proceedings in the aforesaid crime, at the time of hearing, learned counsel for the petitioner/A.2 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, Vanasthalipuram Police Station, Rachakonda Commissionerate, is directed to follow the procedure laid down under Section 41-A Cr.P.C. before arresting the petitioner/A.2 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 JUNE 20, 2019 YVL

THE HON'BLE JUSTICE G.SRI DEVI CRIMINAL PETITION No.3051 of 2019 Date:20.06.2019 YVL