Mohammad Sharief Ahammad, v. The State Of Ap.,

THE HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY CRIMINAL PETITION No.6726 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.300 of 2018 of Penamaluru Police Station, Vijayawada, Krishna District, registered for the offence punishable under Sections 120-B, 294, 425, 354 and 506 of the Indian Penal Code, 1860 (for short 'I.P.C.'), on various grounds. The learned counsel for the petitioners, though raised several contentions, after arguing the matter for a while, requested this Court to issue a direction to the police to follow the procedure 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 petitioners.

In view of the request made by the counsel for the petitioners, 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 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 petitioners.

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

___________________________________ M. SATYANARAYANA MURTHY, J Date:28.06.2018 BV 1 2014(5) Supreme 324