Smt. Kamareddy Radhika Goud v. Kasturi Prasad

HON'BLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.5887 of 2019 O R D E R :

This Criminal Petition is filed under Section 482 Cr.P.C. seeking to quash the proceedings in Crime No.344 of 2019 of the SHO, Kamareddy Police Station, Kamareddy, Nizamabad District, registered against the petitioner/Accused for the offences punishable under Sections 415 and 420 of IPC and Section 156(3) of Cr.P.C.

Though learned counsel for the petitioner/Accused filed the present petition for quashing of proceedings in Crime No.344 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 Notice under Section 41-A Cr.P.C. has already been issued to the petitioner in compliance with the directions of the Apex Court in Arnesh Kumar's case (supra). 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), if not already complied. Since it is represented by the learned 1 AIR 2014 SC 2756

GSD, J Crl.P.No.5887 of 2019 Additional Public Prosecutor that the Notice under Section 41-A Cr.P.C. has already been issued, the petitioner is directed to strictly adhere to the terms/directions contained therein. However, no coercive steps shall be taken against the petitioner/Accused.

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

________________________ JUSTICE G. SRI DEVI 19.09.2019.

Msr

GSD, J Crl.P.No.5887 of 2019 HON'BLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.5887 of 2019 19.09.2019 Msr