Manikanta Rathod.N v. The State Of Telangana And Another

HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.4360 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 petitioner - accused No.3 viz., Manikanta Rathod N., seeking to quash the proceedings against him in Crime No.74 of 2019 dated 28.06.2019 of Bommala Ramaram Police Station, Rachakonda Commissionerate, registered for the offences punishable under Section 420 of the Indian Penal Code, 1860 and Section 7 of the Essential Commodities Act, 1955.

2. Though the learned counsel for the petitioner filed the present petition for quashing the aforesaid proceedings against the petitioner, 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 invariably.

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 1 AIR 2014 SC 2756

set out in Arnesh Kumar's case (Supra). No coercive steps shall be taken against the petitioner 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 25, 2019.

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