M/S. Chennai Amirta Institute Of Hotel Management v. The State Of Telangana

HON'BLE JUSTICE G. SRI DEVI WRIT PETITION No.22364 of 2019 ORDER :

This Writ Petition is filed under Article 226 of the Constitution of India, seeking to issue a writ of mandamus declaring the action of the 2nd respondent in registering the FIR, vide Cr.No.141 of 2019 and investigating the same without jurisdiction and authority as illegal and unlawful and consequently to quash the FIR No.141 of 2019, dated 19.07.2019 on the file of the S.H.O., Central Crime Station, Hyderabad, registered against the petitioners for the offence punishable under Section 420 IPC.

2.

Though learned counsel for the petitioners filed the present writ petition for quashing of proceedings in the above crime, 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 Government Pleader for Home would submit that the directions of the Apex Court have to be followed and implemented.

4.

In that view of the matter, this Writ 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

However, no coercive steps shall be taken against the petitioners. As a sequel, miscellaneous petitions pending, if any, shall stand closed.

_____________________ JUSTICE G.SRI DEVI DATED: 15.10.2019.

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