Hafeez Allauddin v. The State Of Telangana

HONOURABLE SRI JUSTICE A. SHANKAR NARAYANA CRIMINAL PETITION No.5301 OF 2017 ORDER:

The present Criminal Petition is filed under Section 438 of the Criminal Procedure Code, 1973 (for short, 'the Code') requesting to grant anticipatory bail in Crime No.486 of 2017 of Mailardevpally P.S., Cyberabad.

2.

The petitioners, who are arraigned as accused No.3 and 5, alleged to have committed the offences punishable under Sections 419, 420, 468, 471 and 120-B of I.P.C.

3.

In fact, it is figuring at Sl.No.225. The learned counsel for the petitioners made a request that there is threat to arrest the petitioners and what all the petitioners want to issue notice under Section 41-A of the Code, but not the main relief, which is sought in the present petition. Therefore, the submission made by the learned counsel can be acceded to.

4.

Accordingly, the Criminal Petition is dismissed. However, the Station House Officer, Mailardevpally P.S., Cyberabad, is directed to resort to the procedure under Section 41-A of the Code and also the guidelines laid down by the Hon'ble Supreme Court in Arnesh Kumar v. State of Bihar1. Equally the petitioners are also directed to co-operate with the investigating officer without resorting to evading notice under Section 41-A of the Code. 1 (2014) 8 SCC 273

As a sequel thereto, miscellaneous petitions if any pending in the Criminal Petition shall stand closed.

________________________ A.SHANKAR NARAYANA Dt.13.07.2017 gbs