Chuchitha Ravi And Another v. The State Of Telangana And 4 Others

HON'BLE JUSTICE G. SRI DEVI WRIT PETITION No.26531 of 2019 ORDER :

This Writ Petition is filed under Article 226 of the Constitution of India, seeking to issue writ of mandamus declaring the action of the 5th respondent in registering the Cr.No.688 of 2019 for the offences punishable under Sections 403, 406, 420, 384, 120-B and 506 IPC as illegal and arbitrary and consequently set aside the same. 2.

Though learned counsel for the petitioners-A1 and A2 filed the present writ petition to set aside the proceedings 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 STATE OF BIHAR AND ANOTHER1. At this stage, the learned Government Pleader for Home would submit that notice under Section 41-A Cr.P.C. has already been issued to the petitioners-A1 and A2.

3.

Since the petitioners-A1 and A2 have already been issued notice under Section 41-A Cr.P.C., the petitioners-A1 and A2 are directed to comply with the said notice as per the directions of the Apex Court as set out in Arnesh Kumar's case (supra). However, no coercive steps 1 AIR 2014 SC 2756

shall be taken against the petitioners/A1 and A2 till filing of the final report.

4.

Accordingly, the Writ Petition is disposed of. As a sequel, miscellaneous petitions pending, if any, shall stand closed.

_______________________ JUSTICE G.SRI DEVI DATED: 02.12.2019.

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