Shaik Shabeer v. The State Of Telangana

THE HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY CRIMINAL PETITION No.6027 OF 2018 ORDER:

This criminal petition is filed under Section 482 of the Code of Criminal procedure, 1973 (for short 'Cr.P.C') to quash the proceedings in Crime No.43 of 2018 of Ichoda Police Station, Adilabad District, registered for the offence punishable under Section 379 of the Indian Penal Code, 1860 (for short 'I.P.C.'), on various grounds.

The learned counsel for the petitioner, after arguing the matter for a while, requested this Court to issue a direction to the police to follow the procedure prescribed under Section 41-A Cr.P.C. and the guidelines laid down by the Apex Court in ARNESH KUMAR v. STATE OF BIHAR1, before affecting the arrest of the petitioner.

In view of the request made by the counsel for the petitioner, without touching the merits of the case, I find that it is a fit case to issue a direction to the police to follow the procedure prescribed under Section 41-A Cr.P.C. and the guidelines laid down by the Apex Court in ARNESH KUMAR case (referred supra), before affecting the arrest of the petitioner.

With the above direction, the criminal petition is disposed of. Miscellaneous petitions, if any, pending in this criminal petition shall stand closed.

___________________________________ M. SATYANARAYANA MURTHY, J Date:14.06.2018 BV 1 2014(5) Supreme 324