Gokavarapu Venkata Raju v. The State Of Ap.,

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY CRIMINAL PETITION NO.4408 OF 2018 ORDER:

This criminal petition is filed under Section 482 of Criminal Procedure Code (for short "Cr.P.C.") to quash the proceedings in Crime/F.I.R.No.35 of 2018 on the file of Law and Order Police Station, Airport, Visakhapatnam District, registered for the offence punishable under Section 498-A of I.P.C. and under Section 3 (1) (s) of S.Cs. and S.Ts. (POA) Act.

Learned counsel for the petitioner after arguing for sometime, requested this Court to direct the police to follow the procedure laid down under Section 41-A of Cr.P.C and guidelines formulated by the Apex Court in "Arnesh Kumar v. State of Bihar1", "Rajesh Sharma v. State of U.P.2" and "Subhash Kashinath Mahajan v. State of Maharashtra3".

Acceding to the request of the learned counsel for the petitioner and without touching the merits of the case, I deem it appropriate to direct the police to follow the procedure laid down in Section 41-A of Cr.P.C. and guidelines prescribed in "Arnesh Kumar v. State of Bihar" "Rajesh Sharma v. State of U.P." and "Subhash Kashinath Mahajan v. State of Maharashtra". (referred supra). It is needless to mention that the Supreme Court made it clear that violation of guidelines in "Arnesh Kumar v. State of Bihar" (referred supra) amounts to Contempt of Court action. Therefore, the Investigation Agency is bound to adhere to the guidelines formulated by the Apex Court in "Arnesh Kumar v. 1 (2014) 8 SCC 273 2 2017 (2) ALT (Crl.) 393 (SC) 3 2018 Law Suit (SC) 233

MSM,J Crl.P_4408_2018 State of Bihar" "Rajesh Sharma v. State of U.P." and "Subhash Kashinath Mahajan v. State of Maharashtra" (referred supra).

With the above directions, the petition is disposed of. No costs.

Consequently, miscellaneous petitions pending, if any, shall also stand dismissed.

_________________________________________ JUSTICE M. SATYANARAYANA MURTHY 30.04.2018 Ksp