Gurindapalli Das Prakash v. The State Of Telangana

HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.4056 OF 2019 ORDER:

This Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') is filed by the petitioners - accused Nos.2 to 5 viz., Gurindapalli Das Prakash, Gurindapalli Aruna Kumari, Smt. Pandi Vidyalatha and Pandi Naveen, respectively, seeking to quash the proceedings against them in C.C. No.2510 of 2018 on the file of the learned XIX Additional Metropolitan Magistrate, Cyberabad, Malkajgiri, arising out of Crime No.806 of 2018 dated 04.11.2018 of Kushaiguda Police Station, registered for the offences punishable under Sections 498-A, 417, 323, 504 read with Section 34 of the Indian Penal Code, 1860.

2. Though the learned Counsel for the petitioners filed the present petition for quashing the aforesaid proceedings against the petitioners, he restricted the prayer seeking a direction to the Investigating agency to follow the procedure prescribed under Section 41-A of Cr.P.C. and the guidelines prescribed by the Apex Court in Arnesh Kumar v. State of Bihar and another1.

3. Learned Additional Public Prosecutor would submit that the directions of the Apex Court have to be followed and implemented. 1 AIR 2014 SC 2756,

4. In that view of the matter, the Criminal Petition is disposed of directing the police to abide by the directions of the Apex Court as set out in Arnesh Kumar's case (Supra). No coercive steps shall be taken against the petitioners till filing of the final report. As a sequel thereto, Miscellaneous Petitions, if any, pending in the criminal petition stand closed.

_____________________ JUSTICE G. SRI DEVI July 16, 2019.

PV