Kotagiri Mallesham v. The State Of Telangana

THE HON'BLE SRI JUSTICE A. SHANKAR NARAYANA CRIMINAL PETITION No.2202 of 2017 ORDER:

The present petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short, 'the Code') requesting to quash the First Information Report in Crime No.50 of 2017 of III Town Police Station, Karimnagar.

The petitioners, who are arraigned as accused Nos.1 to 3 in the aforesaid crime, alleged to have committed the offences punishable under Sections 420, 290, 323 and 506 read with 34 of the Indian Penal Code, on the complaint of respondent No.2/de facto complainant. Sri E.V.V.S.Ravi Kumar, learned counsel for the petitioners, having tendered arguments touching the merits of the allegations mentioned in the complaint, would lastly restrict his request to the extent of directing the Investigating Officer to follow the procedure inlaid under Section 41A of the Code.

Since none of the offences alleged against the petitioners are provided with imprisonment exceeding seven years, in view of the guidelines laid down by the Hon'ble Supreme Court in Arnesh Kumar v. State of Bihar1, the Investigating Officer is directed to follow the procedure prescribed under Section 41A of the Code. With the above direction, the Criminal Petition is dismissed. 1 (2014) 8 SCC 273

Miscellaneous Petitions, if any, pending in this petition, shall stand closed.

___________________________ A. SHANKAR NARAYANA, J March 17, 2017.

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