Madastu Vilas v. State Of Telangana

THE HON'BLE JUSTI CE G.SRI DEVI Cr im in al Pet it ion Nos.3 1 7 4 of 2 0 1 9 ORDER:

This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973, is filed by the petitioner/ accused, to quash the proceedings in COR No.180 of 2018 of Prohibition and Excise Station, Adilabad, registered for the offences punishable under Sections 7(A) read with 8(e) of the A.P.Prohibition Act, 1995. 2 .

Heard the learned counsel for the petitioner/ accused, the learned Additional Public Prosecutor representing the respondentState and perused the record. 3 .

Though the learned counsel for the petitioner/ accused filed this Criminal Petition to quash the proceedings in COR No.180 of 2018 of Prohibition and Excise Station, Adilabad, he restricts his prayer seeking 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 Ar n esh Ku m ar v. St at e of Bih ar an d an ot h er 1.

4 .

The learned Additional Public Prosecutor representing the respondent-State conceded the request of the learned counsel for the petitioner/ A.2.

5 .

Under these circumstances, the Station House Officer, Prohibition and Excise Station, Adilabad, is directed to follow the procedure laid down under Section 41A of Cr.P.C. before arresting 1 AIR 2014 SC 2756

the petitioner/ accused and strictly adhere to the guidelines formulated by the Apex Court in Ar n esh Ku m ar v. St at e of Bih ar 's case supra.

6 .

With the above direction, this Criminal Petition is disposed of. Miscellaneous petitions, if any, pending in this criminal petition shall stand closed.

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ JUSTI CE G.SRI DEVI 24th June, 2019 Bvv