Rachamalla Sampath v. The State Of Telangana

HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.4643 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. Rachamalla Sampath, seeking to quash the proceedings against him in Crime No.306 of 2019, dated 06.07.2019 of Subedari Police Station, Warangal Commissionerate, registered for the offences punishable under Sections 447, 427, 290 and 506 of the Indian Penal Code, 1860.

2. Heard Sri Ch. Linga Murthy, learned counsel for the petitioner, and learned Assistant Public Prosecutor appearing for respondent No.1 - 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.

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 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 August 06, 2019.

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