Banda Mohan Reddy And Another v. The State Of Telangana And 2 Others

THE HON'BLE JUSTICE G.SRI DEVI CRIMINAL PETITION No.3939 of 2019 ORDER:

This Criminal Petition, under Section 482 of Code of Criminal Procedure, 1973, is filed by the petitioners/Accused Nos.1 & 2 seeking to quash the proceedings in Crime No.94 of 2019 of Edullabayyaram Police Station, B-KTDM District, registered for the offences punishable under Sections 420 & 468 I.P.C. 2.

Heard the learned counsel for the petitioners/Accused Nos.1 & 2 and the learned Additional Public Prosecutor representing the 1st respondent-State & 2nd respondent and perused the record. 3.

Though the learned counsel for the petitioners/Accused Nos.1 & 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.

5.

Under these circumstances, the Station House Officer, Edullabayyaram Police Station, B-KTDM District, is directed to follow the procedure laid down under Section 41-A Cr.P.C. before arresting the petitioners/Accused Nos.1 & 2 and strictly adhere to the guidelines formulated by the Apex Court in Arnesh Kumar case (supra). However, no coercive steps shall be taken against the petitioners/Accused Nos.1 & 2 till filing of the final report. 1 AIR 2014 SC 2756

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 Date: 12th July, 2019 KL