Hari Prasad Agarwal v. The State Of Telangana

HON'BLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.6187 of 2019 O R D E R :

This Criminal Petition is filed under Section 482 Cr.P.C. seeking to quash the proceedings in C.O.R. No.108 of 2019 of the SHO, Prohibition and Excise Police Station, Saroornagar, Ranga Reddy District, registered against the petitioner/Accused for the offences punishable under Section 34(a)(c)(f)(h), 34(i)(ii) and 13(i) of A.P. Excise Act r/w. Rule 3 of Telangana Rectified Spirit Rules, 1971.

Though learned counsel for the petitioner/Accused filed the present petition for quashing of proceedings in C.O.R. No.108 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). 1 AIR 2014 SC 2756

GSD, J Crl.P.No.6187 of 2019 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 27.09.2019.

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GSD, J Crl.P.No.6187 of 2019 HON'BLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.6187 of 2019 27.09.2019 Msr