Achu v. State Of Telangana

HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.4457 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, viz., Mr. Achu, seeking to quash the proceedings against him in Crime No.30 of 2019, dated 07.03.2019 of Ichoda Police Station, Adilabad District, registered for the offences punishable under Section 379 of the Indian Penal Code, 1860, Section 3 (1) (2) of the Prevention of Damage to Public Property Act, 1984 and Sections 20 and 29 of the Telangana State Forest Act.

2. Heard Sri R. Mangulal, learned counsel for the petitioner, and learned Additional Public Prosecutor for the State, and perused the material on record.

3. 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 Bihar1.

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

5. 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 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 August 01, 2019.

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