Kumbam Ravinder v. The State Of Telangana

THE HON'BLE JUSTICE G.SRI DEVI Criminal Petition No.2933 of 2019 ORDER:

This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973, is filed by the petitioner/A.15, seeking to quash the proceedings in crime No.84 of 2019 of Echoda Police Station, Adilabad District, registered for the offence punishable under Section 420 of IPC.

2. Heard the learned counsel for the petitioner, the learned Additional Public Prosecutor representing the 1st respondent-State and perused the record.

3. Though the Criminal Petition is filed for quashing the further proceedings in crime No.84 of 2019 of Echoda Police Station, Adilabad District, during the course of arguments, learned counsel for the petitioner restricts his prayer and seeks a direction to the investigating agency to follow the procedure prescribed under Section 41A of 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 also fairly concedes the request of the learned counsel for the petitioner.

5. Under these circumstances, the Station House Officer, Echoda Police Station, Adilabad District, is directed to follow the procedure laid down under Section 41A of Cr.P.C. before arresting the petitioner/A.15 and strictly adhere to the guidelines formulated by the Apex Court in Arnesh Kumar supra.

1 AIR 2014 SC 2756

6. Accordingly, the Criminal Petition is disposed of. Pending miscellaneous petitions, if any, shall stand closed in the light of this final order.

_____________________ JUSTICE G.SRI DEVI 17th June, 2019 sur