U.Shanker v. The State Of Telangana
SMT. JUSTICE T. RAJANI CRIMINAL PETITION NO. 8194 OF 2018 O R D E R :
This Criminal Petition is filed by the petitioner/A-1 under section 438 of Cr.P.C., seeking for grant of anticipatory bail in Crime No. 69 of 2018 of Mavala Police Station, Adilabad district, Telangana State, registered for the offences punishable under section 420 of I.P.C.
2. Heard the learned counsel for the petitioner/A-1 and the learned Public Prosecutor for the respondent/State.
3. Sri J.Venugopala Chary, the counsel for the petitioner/A-1 submits that though the allegations in the complaint are that this petitioner/A-1 assured to provide job to the daughter of the defacto-complainant, it is only to A-2, the amount was paid and that this petitioner/A-1 has nothing to do with the offence. But in the considered opinion of this Court unless the investigation is conducted, true facts will not come to light and more particularly the role played by this petitioner/A-1 would come to light. There are specific allegations against this petitioner/A-1, as the person who introduced the defacto-complainant to A-2. Hence, it is not safe to grant him anticipatory bail.
4. Considering the above, this Court is not inclined to grant anticipatory bail to the petitioner/A-1. However, considering that
the amount is not directly paid to this petitioner/A-1, the Station House Officer, Mavala Police Station, Adilabad district, is hereby directed not to arrest the petitioner/A-1 in the above crime without following Section 41-A of Cr.P.C. and the guidelines of the Hon'ble Supreme Court in ARNESH KUMAR V/s. STATE OF BIHAR AND ANOTHER 1., which reads as hereunder :
Section 41-A of the Code of Criminal Procedure reads as under : - Notice of appearance before Police Officer
1. The police officer shall, in all cases where the arrest of a person is not required under the provisions of sub-section (1) of section 41, issue a notice directing the person against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence, to appear before him or at such other place as may be specified in the notice.
2. Where such a notice is issued to any person, it shall be the duty of that person to comply with the terms of the notice.
3. Where such person complies and continues to comply with the notice, he shall not be arrested in respect of the offence referred to in the notice unless, for reasons to be recorded, the police officer is of the opinion that he ought to be arrested.
4. Where such person, at any time, fails to comply with the terms of the notice or is unwilling to identify himself, the police officer may, subject to such orders as may have been passed by a competent court in this behalf, arrest him for the offence mentioned in the notice.
5. While dealing with the provisions of Section 41-A Cr.P.C. the Hon'ble Apex Court in the above referred decision held at para Nos. 11 and 12 as under:
11. Our endeavour in this judgment is to ensure that police officers do not arrest the accused unnecessarily and Magistrate do not authorise detention casually and 1 ) [2014] 8 Supreme Court Cases-273
mechanically. In order to ensure what we have observed above, we give the following directions:
11.1 All the State Governments to instruct its police Officers not to automatically arrest when a case under section 498-A IPC is registered but to satisfy themselves about the necessity for arrest under the parameters laid down above flowing from section 41 Cr.P.C.
11.2 All police officers be provided with a check list containing specified sub-clauses under section 41 (1) (b) (ii). 11.3 The police officer shall forward and check list duly filled and furnish the reasons and materials which necessitated the arrest, while forwarding/producing the accused before the Magistrate for further detention.
11.4 The Magistrate while authorising detention of the accused shall peruse the report furnished by the police officer in terms aforesaid and only after recording its satisfaction, the Magistrate will authorise detention.
11.5 The decision not to arrest an accused, be forwarded to the Magistrate within two weeks from the date of the institution of the case with a copy to the Magistrate, which may be extended by the Superintendent of Police of the district for the reasons to be recorded in writing;
11.6 Notice of appearance in terms of section 41-A Cr.P.C. be served on the accused within two weeks from the date of institution of the case, which may be extended by the Superintendent of Police of the district for the reasons to be recorded in writing. 11.7 Failure to comply with the directions aforesaid shall apart from rendering the police officers concerned liable for departmental action, they shall also be liable to be punished for contempt of court to be instituted before the High Court having territorial jurisdiction.
11.8 Authorising detention without recording reasons as aforesaid by the Judicial Magistrate concerned shall be liable for departmental action by the appropriate High Court.
12. We hasten to add that the directions aforesaid shall not only apply to the cases under section 498-A IPC or section 4 of Dowry Prohibition Act, the case in hand, but also such cases where offence is punishable with imprisonment for a term which may be less than seven years or which may extend to seven years, whether with or without fine.
6. With the above direction, this Criminal Petition is dismissed.
7. As a sequel, miscellaneous petitions if any, pending in this Criminal Petition shall stand closed.
___________________ JUSTICE T. RAJANI 17/08/2018 I s L
SMT. JUSTICE T. RAJANI CRIMINAL PETITION NO. 8194 OF 2018 ( ANTICIPATORY BAIL ) [ RESULT : DISMISSED ] Date: 17/08/2018 Circulation No.
Court Master: I s L