Choppari Shiva v. The State Of Telangana, And Another

HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION NO.5226 OF 2019 ORDER:

This Criminal Petition is filed under Section 482 Cr.P.C. seeking quashing of investigation in Crime No.168 of 2019 of P.S. Vemulawada Town, Rajanna Sircilla District, registered against the petitioner/A-8 for the offences punishable under Sections 420, 468, 323, 506 of the Indian Penal Code and Section 3(1)(r)(s) of the SC and STs (POA) Act. Though the learned counsel for the petitioner/A-8 filed the present petition for quashing of investigation in Crime No.168 of 2019, he restricts his prayer seeking a direction to the Investigating agency to follow the procedure prescribed under Section 41-A of the Code of Criminal Procedure and the guidelines prescribed by the Apex Court in Arnesh Kumar v. State of Bihar and another1.

Learned Additional Public Prosecutor would submit that the directions of the Apex Court have to be followed and implemented.

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 case (supra). No coercive steps shall be taken against the petitioner/A-8 till filing of the final report.

1 AIR 2014 SC 2756

As a sequel thereto, miscellaneous applications, if any, pending shall stand closed.

_________________ (G. SRI DEVI, J) 19th September 2019 RRB