Shaik Mahaboob Ali v. The State Of Telangana

HON'BLE DR. JUSTICE B. SIVA SANKARA RAO CRIMINAL PETITION No.7726 of 2017 ORDER:

Heard learned counsel for the petitioner/A.22 in crime No.171 of 2017 of Mattampally Police Station, Suryapet District, registered for the offences punishable under Section 420 IPC & Section 7 of Essential Commodities Act and also learned Public Prosecutor representing the State and before ordering notice to respondent No.2-defacto complainant and perused the FIR and other material on record.

As the investigation is at the nasal stage, this Court is not inclined to interdict the investigation.

Having regard to the above, the Criminal Petition itself is disposed of without prejudice to all available defence of the accused, however, by making clear in the event of necessity of arrest, the police should follow strictly Section 41-A Cr.P.C. and guidelines of the expression of the Apex Court in Arnesh Kumar Vs. State of Bihar1.

Pending miscellaneous petitions, if any, shall stand closed. _____________________________________ JUSTICE Dr. B.SIVA SANKARA RAO Date: 29.08.2017 ska 1 2014 (8) SCC 273