S.Krishna Murthy, v. Masannagari Manikya Reddy,

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY CRIMINAL PETITION NO.8797 OF 2017 ORDER:

This criminal petition is filed under Section 482 of Criminal Procedure Code to quash the proceedings in Crime No.283 of 2017 dated 06.07.2017 on the file of Chevella Police Station, Cyberabad, for the offences punishable under Sections 504 & 506 IPC in connection with the above crime.

Learned counsel for the petitioner after arguing 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 "Arnesh Kumar v. State of Bihar and another1".

Acceding to the request of the learned counsel for the petitioner, 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 Arnesh Kumar1 case. It is needless to mention that the Supreme Court made it clear that violation of guidelines in Arnesh Kumar case amounts to Contempt of Court action. Therefore, the Investigation Agency is bound to adhere to the guidelines issues in Arnesh Kumar case. With the above direction, the criminal petition is disposed of. No costs.

Consequently, miscellaneous petitions pending, if any, shall also stand closed.

_________________________________________ JUSTICE M. SATYANARAYANA MURTHY Date:18.09.2017 SP 1 (2014) 8 SCC 273