Niyaz Ahmed, v. The State Of Andhra Pradesh,

HON'BLE SRI JUSTICE M.S.K.JAISWAL Criminal Petition No.11474 of 2016 ORDER :

This Criminal Petition is filed under Section 482 of Code of Criminal Procedure (Cr.P.C) by the petitioners/accused seeking to quash the investigation pursuant to registration of F.I.R. No.143 of 2016 on the file of Tada Police Station, SPSR Nellore District, registered for the offences under Sections 405, 415, 418, 420 and 464 read with 120-B and 119 read with 34 IPC.

Though the present application is filed seeking to quash investigation pursuant to registration of F.I.R. No.143 of 2016, the learned counsel for the petitioners restricts his prayer seeking a direction to the investigating agency to follow the judgment of the Apex Court in Arnesh Kumar v. State of Bihar and another[1].

Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor and perused the material available on record. Considering the facts and circumstances of the case, the Criminal Petition is disposed of directing the investigating agency to scrupulously follow the conditions stipulated in the judgment of the Arnesh Kumar's case and also Section 41 Cr.P.C., before taking any coercive steps against the petitioners.

Consequently, Miscellaneous Petitions pending in the Criminal Petition, if any, shall stand closed.

______________________ JUSTICE M.S.K.JAISWAL Date : 05-08-2016 Prv HON'BLE SRI JUSTICE M.S.K.JAISWAL

Criminal Petition No.11474 of 2016 05-08-2016 Prv [1] 2014 (2) ALT (Crl.) 457 SC