K. Srinivas , Siva Swamy v. State Of Andhra Pradesh,

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION NO.27458 OF 2018 ORDER:

This writ petition is filed under Article 226 of the Constitution of India, to quash the proceedings in Crime No 149 of 2018 on the file of Thullur Polcie Station, Guntur District. Learned counsel for the petitioner 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 "Arnesh Kumar v. State of Bihar and another1".

Acceding to the request of the learned counsel for the petitioner and without touching the merits of the case, I deem it appropriate to direct the police to follow the guidelines prescribed in Arnesh Kumar case. It is needless to mention that the Supreme Court made it clear that violation of guidelines in Arnesh Kumar case amounts to Contempt of Court action. Therefore, the Investigation Agency is bound to adhere to the guidelines issued in Arnesh Kumar case.

With the above directions, the petition is disposed of. Consequently, miscellaneous petitions pending, if any, shall also stand closed. No costs.

_________________________________________ JUSTICE M. SATYANARAYANA MURTHY Date:20.08.2018 Note: Issue C.C. today b/o SP 1 (2014) 8 SCC 273