Badam Shyam v. The State Of Telangana And Another

HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION No. 6533 of 2019 ORDER:

1.

This Criminal Petition is filed under Section 482 Cr.P.C. seeking quashing of investigation in Crime No.365 of 2019 of Moinabad Police Station, Cyberabad, registered against the petitioner for the offences punishable under Sections 498-A, 323 and 504 IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961.

2.

Though the learned counsel for the petitioner filed the present petition for quashing of investigation 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. St at e of Bihar and anot her 1. At this stage, the learned Additional Public Prosecutor would submit that notice under Section 41-A Cr.P.C. has already been issued to the petitioner.

3.

Since the petitioner has already been issued notice under Section 41-A IPC, the petitioner is directed to comply with the said notice as per the directions of the Apex Court as set out in Arnesh Kumar case (supra). However, no coercive steps shall be taken against the petitioner till filing of the final report.

4.

Accordingly, the Criminal Petition is disposed of. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. _______________ JUSTICE G. SRI DEVI 01.11.2019 gkv 1 AIR 2014 SC 2756,