Shaik Nawaz And 3 Others v. The State Of Andhra Pradesh And Another

THE HON'BLE SRI JUSTI CE M.SATYANARAYANA MURTHY CRI MI NAL PETI TI ON NO.7 7 0 6 OF 2 0 1 8 ORDER:

This criminal petition is filed, under Section 482 of Criminal Procedure Code (for short "Cr.P.C."), to quash the Crime/ F.I.R.No.66 of 2018 on the file of Punganur Urban Police Station, Chittoor District.

2.

Learned counsel for the petitioners, after arguing for sometime, requested this Court to direct the police to follow the procedure laid down under Section 41-A of Cr.P.C and guidelines formulated by the Apex Court in " Ar n esh Ku m ar v. St at e of Bih ar 1" .

3.

Acceding to the request of the learned counsel for the petitioners and without touching the merits of the case, I deem it appropriate to direct the police to follow the procedure laid down in Section 41-A of Cr.P.C. and guidelines prescribed in Ar n esh Ku m ar 's case (supra). It is needless to mention that the Supreme Court made it clear that violation of guidelines in Ar n esh Ku m ar 's case (supra) amounts to Contempt of Court action. Therefore, the Investigation Agency is bound to adhere to the guidelines formulated by the Apex Court in Ar n esh Ku m ar 's case (supra). With the above directions, the petition is disposed of. As a sequel, the miscellaneous applications pending, if any, shall stand dismissed.

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ JUSTI CE M. SATYANARAYANA MURTHY July 24, 2018 LMV 1 (2014) 8 SCC 273