Mohammed Abid Ali v. The State Of Telangana

HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION No. 8663 OF 2021 O R D E R:

This petition is filed under Section 438 Cr.P.C. seeking bail to petitioner/accused No.1 in the event of his arrest in connection with Crime No.420 of 2021 of Women Police Station, DD, Hyderabad, registered for the offences punishable under Section 498-A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act. 2.

Heard Mr.Boggula Shyam Raju, learned counsel for the petitioner, and learned Assistant Public Prosecutor for the respondent-State. 3.

Learned counsel for the petitioner submits that as the offences are punishable with imprisonment up to seven years, Police may be directed to follow the procedure laid down under Section 41-A of Cr.P.C. 4.

Learned Assistant Public Prosecutor submits that petitioner is resident of Bihar State and address is also not furnished in the cause title. Therefore, it is difficult for the prosecution to serve notice under Section 41-A of Cr.P.C.

5.

In view of the said submissions, this criminal petition is disposed of directing the petitioner to appear before the Police on 04.12.2021 and furnish the relevant particulars. The petitioner shall also cooperate with the investigation. The respondent - Police are also directed to follow the procedure as contemplated under Section 41-A Cr.P.C and the guidelines formulated by the Hon'ble Supreme Court in Arnesh Kumar

v. State of Bihar1 scrupulously. It is needless to say, any deviation in this regard will be viewed seriously.

___________________________ LALITHA KANNEGANTI, J Date: 30.11.2021.

Note:

Issue C.C. immediately.

(b/o) mar 1 (2014) 8 SCC 273