Valaboju Malathi v. Gunda Aravind Kumar And Another

THE HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.6231 of 2019 ORDER:

This Criminal Petition is filed under Section 482 Cr.P.C. seeking quashing of investigation in Crime No.425 of 2019 of Karimnagar II Town Police Station, Karimnagar District, registered against the petitioner/accused for the offences punishable under Section 417 & 420 I.P.C.

2.

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.

3.

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).

4.

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 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, for a period of sixty (60) days, no coercive steps shall be taken against the petitioner/accused. Further the petitioner is directed to surrender before the Court concerned on 1 AIR 2014 SC 2756

or before completion of the period of 60 days and move an application for bail and on such application being received, the same shall be considered on the same day itself.

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

_______________________ JUSTICE G. SRI DEVI Date: 30th September, 2019 KL