Jagan Nampally And Another v. The State Of Telangana And Another

HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.8441 of 2019 ORDER:

This petition is filed under Section 482 Cr.P.C., seeking to quash the proceedings in Cr.No.130 of 2019 on the file of Madugulapally Police Station, Nalgonda District, registered for the offence under Section 323 read with Section 34 IPC and under Section 3(2)(va) of SCs & STs (POA) Act, against the petitioners/A1 and A2. 2.

Though the petitioners have raised several grounds to quash the aforesaid proceedings, learned counsel for the petitioners restricts his prayer seeking a direction to the Investigating agency to follow the procedure prescribed under Section 41-A of the Code of Criminal Procedure and the guidelines prescribed by the Apex Court in Arnesh Kumar v. State of Bihar and another1.

3.

Learned Additional Public Prosecutor would submit that the directions of the Apex Court have to be followed and implemented. 4.

In that view of the matter, the Criminal Petition is disposed of, directing the police concerned to follow the procedure under Section 41-A Cr.P.C., and the guidelines issued by the Apex Court in Arnesh Kumar's case (supra). However, no coercive steps shall be taken against the petitioners/A1 and A2 till filing of the final report. 5.

As a sequel thereto, miscellaneous applications, if any, pending shall stand closed.

______________ G. SRI DEVI, J 24th December, 2019 sj 1 AIR 2014 SC 2756