Waheda Banu, v. Prl.Secy., Home Dept., State Of T.S.,

THE HON'BLE SRI JUSTICE M.SEETHARAMA MURTI WRIT PETITION No.15008 OF 2018 ORDER:

In this writ petition, under Article 226 of the Constitution of India, the only request of the petitioner is to direct the police officer, who is investigating into the case in Crime No.31 of 2018 registered on 05.02.2018, on the file of Lalaguda Police Station, Hyderabad, for the offences punishable under Sections 420 and 408 I.P.C. to follow the guidelines in Arnesh Kumar Vs. State of Bihar and another1 and the provisions of Section 41-A of the Code of Criminal Procedure, 1973.

2.

I have heard the submissions of Sri M.Rathan Singh, learned counsel for the petitioner, and of the learned Government Pleader for Home (TG), appearing for the respondents 1 and 2. I have perused the material record.

3.

Learned Government Pleader for Home, on oral instructions, would submit that the police officer would follow the precedential guidelines and the mandate of law while investigating into the aforestated crime.

4.

Recording the submissions, the Writ Petition is disposed of directing the Station House Officer, Lalaguda Police Station/respondent No.2 herein to follow the precedential guidelines in Arnesh Kumar's case (cited supra) and also the mandate of law in Section 41-A Cr.P.C. during the course of 1 [2014 (2) ALT (Crl.) 457 SC]

investigation into the aforestated crime. There shall be no order as to costs.

Miscellaneous Petitions pending, if any, in this Writ Petition shall stand closed.

______________________________________ JUSTICE M.SEETHARAMA MURTI Date: 26.04.2018 AMD

THE HON'BLE SRI JUSTICE M.SEETHARAMA MURTI WRIT PETITION No.15008 OF 2018 DATE: 26.04.2018 AMD