Smt.Vegesina Jhansi Laxmi v. The State Of Telangana

HON'BLE SRI JUSTICE B. VIJAYSEN REDDY CRIMINAL PETITION No.5547 OF 2024 ORDER :

This Criminal Petition is filed, under Section 438 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C.') by the petitioners, seeking anticipatory bail to the petitioners in Crime No.127 of 2024, dated 15.04.2024, on the file of Bhanoor Police Station, Sanga Reddy, registered for the offences punishable under Sections 474, 475, 476, 409 and 420 of IPC and Sections 6-A and 7 of Essential Commodities Act, 1955.

2.

Heard Sri Somavarapu Satyanarayana, learned counsel for the petitioners and learned Public Prosecutor appearing for the respondent-State.

3. Learned counsel for the petitioners submits that the petitioners submits that they were charged with the offences under Sections 474, 475, 476, 409 and 420 of IPC and Sections 6-A and 7 of Essential Commodities Act, 195 and prima facie same is not attracted and other offences are punishable with the imprisonment for a period of 7 years.

4.

In similar circumstances, this Court passed order in Crl.P.No.5499 of 2024, dated 09.05.2024 held that prima facie Section 409 of IPC is not attracted and directions were issued to the Investigating Officer to comply with the procedure laid down under Section 41-A of Cr.P.C.

5. In view of the same, the Criminal Petition is disposed of by directing the Investigating Officer to comply with the procedure laid down under Section 41-A of Cr.P.C. and also the guidelines issued by the Hon'ble Supreme Court in Arnesh Kumar v. State of Bihar1 while conducting investigation. There shall be no order as to costs.

As a sequel thereto, miscellaneous applications, if any, pending in the criminal petition stand closed. __________________________ B. VIJAYSEN REDDY, J Dated: 23.05.2024 BB/PVT 1 (2014) 8 SCC 273