Yadagiri Basavagoni v. The State Of Telangana

THE HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY CRIMINAL PETITION No.4902 OF 2018 ORDER:

This criminal petition, under Section 438 of the Code of Criminal procedure, 1973 (for short 'Cr.P.C'), is filed by the petitioners/A.1 to 5 to issue a direction to the Station House Officer, Kattangur Police Station, Nalgonda District, to release them on bail in the event of their arrest in connection with Crime No.61 of 2018 registered for the offence punishable under Sections 498-A of the Indian Penal Code, 1860 and Sections 3 and 4 of the Dowry Prohibition Act, 1961. Learned counsel for the petitioners, after arguing the matter 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 Rajesh Sharma v. State of U.P.1, before affecting the arrest of the petitioners.

Acceding to the request of the learned counsel for the petitioners, without touching the merits, I find that it is a fit case to issue direction to the police to follow the procedure laid down under Section 41-A of Cr.P.C and the guidelines issued by the Apex Court in Rajesh Sharma case (referred supra). Accordingly, police concerned are directed to adhere to the guidelines issued in Rajesh Sharma case (referred supra).

With the above direction, the criminal petition is disposed of. ___________________________________ M. SATYANARAYANA MURTHY, J Date: 01.05.2018 BV 1 2017 (2) ALT (Crl.) 393 (SC)