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High Court for State of TelanganaCRLP/14445/2016disposed of no costs

Sunny Edward v. The State Of Telangana

2016-10-14M.S.K.Jaiswal1 pages

HON'BLE SRI JUSTICE M.S.K.JAISWAL Criminal Petition No.14445 of 2016 ORDER :

This Criminal Petition is filed under Section 482 Cr.P.C. seeking to quash proceedings initiated against petitioner/accused in Crime No.207 of 2016 of III Town Police Station, Karimnagar, Karimnagar District, registered for the offences punishable under Sections 420, 354 and 506 of IPC. Heard and perused the material available on record. Specific allegations were made against the petitioner/accused in the complaint. This is a matter which requires investigation by the police. The truth or otherwise of the allegations can only be decided during course of investigation. I see no ground to interdict the investigation at this stage and quash the first information report.

In the facts and circumstances of the case and as requested by the learned counsel for the petitioner, the Criminal Petition is disposed of, directing the investigating agency not to arrest the petitioner/accused without scrupulously following the procedure, as envisaged under Section 41-A Cr.P.C. and as held by the Apex Court in Arnesh Kumar v. State of Bihar1 during course of investigation.

Consequently, pending miscellaneous petitions, if any, shall stand closed. __________________ M.S.K.JAISWAL, J 14th October 2016 kvrm 1 (2014)8 SCC 273