Kakarla Lavanya, v. State

THE HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY CRIMINAL PETITION No.2607 of 2017 ORDER:

This Criminal Petition under Sections 438 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.'), is filed to enlarge the petitioners/ A.1 and A.2 in the event of their arrest since they are apprehending arrest in connection with Crime No.28 of 2017 on the file of SHO, Bellampally II Town Police Station, Bellampally, Mancherial District ( Old Adilabad District), registered for the offences punishable under Sections 417, 420, 506 r/w 34 IPC, Section 4 of PC and MCSB Act.

After arguing the matter for a while, the learned counsel for the petitioners requested this Court to issue a direction to the Station House Officer, Bellampally II Town Police Station, Bellampalli, to follow the procedure contemplated under Section 41-A of Cr.P.C., and the guidelines issued by the Apex Court in ARNESH KUMAR v. STATE OF BIHAR1 before effecting the arrest of the petitioners.

It is needless to mention here that it is the duty of the investigating agency to follow the procedure laid down under Section 41-A Cr.P.C., and the guidelines issued by the Apex Court in Arnesh Kumar's case, referred to above,, otherwise, it would amount to contempt of Court. As the offences alleged falls within the ambit of the guidelines, this Court need not give any direction to the Police to follow the procedure contemplated under Section 1 2014(2) ALT (Crl.) 457 (SC)

41-A Cr.P.C. and the guidelines issued by the Apex Court in Arnesh Kumar's referred to above.

Accordingly, this Criminal Petition is disposed of. Miscellaneous petitions, if any, pending in this case, shall stand closed.

___________________________________ M. SATYANARAYANA MURTHY, J Date:04.04.2017 eha

THE HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY CRIMINAL PETITION No.2607 of 2017 Dt.04-04-2017 eha