Nagabandi Narsimulu v. The State Of Telangana

THE HON'BLE JUSTICE G.SRI DEVI CRIMINAL PETITION No.3294 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.77 of 2019 of Alwal Police Station, Cyberabad District, registered for the offices punishable under Sections 406 and 420 I.P.C.

2.

Heard the learned counsel for the petitioner/Accused No.2, the learned Additional Public Prosecutor representing the 1st respondentState and perused the record. 3.

Though the learned counsel for the petitioner/Accused No.2 filed the petition for quashing the 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 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 below seven years.

5.

Under these circumstances, the Station House Officer, Alwal Police Station, Cyberabad District, is directed to follow the procedure laid down under Section 41-A Cr.P.C. before arresting the petitioner/Accused No.2 and strictly adhere to the guidelines formulated by the Apex Court in Arnesh Kumar case (supra). No 1 AIR 2014 SC 2756

coercive steps shall be taken against the petitioner/accused No.2 till filing of the final report.

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 26, 2019 YVL

THE HON'BLE JUSTICE G.SRI DEVI CRIMINAL PETITION No.3294 of 2019 Date:26.06.2019 YVL