Bhongiri Upendar And Another v. The State Of Telangana And Another

THE HON'BLE JUSTICE G.SRI DEVI CRIMINAL PETITION No.3798 of 2019 ORDER:

This Criminal Petition, under Section 482 of Code of Criminal Procedure, 1973, is filed by the petitioners/Accused Nos.1 and 2 seeking to quash the proceedings against them in Crime No.101 of 2019 of Suryapet Town Police Station, Suryapet District, registered for the offences punishable under Sections 342, 354B and 323 I.P.C. 2.

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

3.

Though the learned counsel for the petitioners/Accused Nos.1 and 2 filed the present 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, Suryapet Town Police Station, Suryapet District, is directed to follow the procedure laid down under Section 41-A Cr.P.C. before arresting the petitioners/Accused Nos.1 and 2 and strictly adhere to the guidelines formulated by the Apex Court in Arnesh Kumar case 1 AIR 2014 SC 2756

(supra). However, no coercive steps shall be taken against the petitioners/accused Nos.1 and 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 JULY 09, 2019 YVL

THE HON'BLE JUSTICE G.SRI DEVI CRIMINAL PETITION No.3798 of 2019 Date:09.07.2019 YVL