Prathap Naik Rathod , Rathod Prathap Naik And Another v. State Of Telangana And Another

HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.5645 of 2019 ORDER:

This Criminal Petition is filed under Section 482 Cr.P.C. seeking to quash the proceedings in Crime No.144 of 2019 of the SHO, Itchoda Police Station, Adilabad District, registered against the petitioners/A.1 & A.2 for the offences punishable under Sections 420, 338 & 506 of IPC.

Though learned counsel for the petitioners/A.1 & A.2 filed the present petition for quashing of proceedings in Crime No.144 of 2019, he restricts his prayer seeking a direction to the Investigating Agency to follow the procedure prescribed under Section 41-A Cr.P.C. and the guidelines prescribed by the Apex Court in Arnesh Kumar v. State of Bihar and another1.

The 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, this Criminal Petition is disposed of directing the police to abide by the directions of the Apex Court as set out in Arnesh Kumar's case (supra). However, no coercive steps shall be taken against the petitioners/A.1 & A.2.

1 AIR 2014 SC 2756

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

________________________ JUSTICE G. SRI DEVI 12.09.2019 ska

HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.5645 of 2019 12.09.2019 ska