Mohammed Jaffer Mohiuddin v. The State Of Telangana

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY CRIMINAL PETITION NO.2763 OF 2017 ORDER:

This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.'), is filed to grant prearrest bail to the petitioner/A.1 apprehending his arrest in connection with Crime No.28 of 2017 of Women Police Station, Charminar, Hyderabad City, registered for the offences punishable under Sections 498-A r/w 341, 406, 420, 506, 120-b of the Indian Penal Code, 1860 (for short 'I.P.C.').

The main contention of the petitioner/ A.1 is that the present complaint is lodged against the petitioner as a counter blast to the earlier Crime No.22 of 2017.

Learned Public Prosecutor brought to the notice of this Court that notice under Section 41-A of Cr.P.C. was issued and the petitioner is not co-operating with the investigating agency to complete the investigation.

Learned counsel for the petitioner requested this court to issue a direction to the investigating agency to follow the procedure contemplated under Section 41-A Cr.P.C. and the guidelines laid down by the Apex Court in ARNESH KUMAR V. STATE OF BIHAR1. Acceding to the request made by the counsel for the petitioner, the investigating agency is directed to follow the procedure contemplated under Section 41-A Cr.P.C. and the guidelines laid down by the Apex Court in ARNESH KUMAR v. STATE OF BIHAR 1 (2014) 8 SCC 273

MSM,J Crl.P_2763_2017 (1supra), if applicable, to the offences allegedly committed by the petitioner.

With the above direction, the criminal petition is disposed of. Consequently, miscellaneous applications pending if any, shall also stand dismissed.

___________________________________ M. SATYANARAYANA MURTHY, J Date:10.04.2017 knl

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY CRIMINAL PETITION NO.2763 OF 2017 Date:10.04.2017 knl