High Court for State of TelanganaCRLP/5082/2019disposed of no costs

Bingi Sainath Goud v. The State Of Telangana And Another

2019-08-26G Sri Devi2 pages

HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.5082 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 viz., Bingi Sainath Goud, seeking to quash the proceedings against him in Crime No.674 of 2019 dated 28.07.2019 of Uppal Police Station, Rachakonda District, Telangana, registered for the offences punishable under Sections 447 and 427 of the Indian Penal Code, 1860.

2. Heard Sri Kiran Palakurthi, learned counsel for the petitioner, and learned Additional Public Prosecutor appearing 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.

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 final report. As a sequel thereto, Miscellaneous Petitions, if any, pending in the criminal petition stand closed.

_____________________ JUSTICE G. SRI DEVI August 26, 2019.