Majji Ganesh, v. State Through Station House Officer,
THE HON'BLE DR. JUSTICE B.SIVA SANKARA RAO CRIMINAL PETITION No.8017 OF 2017 ORDER:
Heard learned counsel for the petitioner, claimed as one of the accused of Crime No.01 of 2017, pending on the file of Kasimkota Police Station, Visakhapatnam District, registered for the offences punishable under Sections 354-A, 342 r/w 34 IPC and Sections 10 r/w 9(g) of POCSO Act and also heard the learned public prosecutor, representing for the 1st respondent - State, before ordering notice to the 2nd respondent and perused the grounds urged in the quash petition and FIR and other material on record. 2.
There is nothing for this Court to interdict the investigation from perusal of the FIR contents. Having regard to the above, this criminal petition is disposed of, by making it clear that in the event of any necessity of arrest of the petitioner, the police shall strictly follow Section 41A of Cr.P.C. and the guidelines laid down by the Hon'ble Apex Court in Arnesh Kumar Vs. State of Bihar1.
3.
Miscellaneous petitions pending consideration, if any, in this case shall stand closed in consequence.
______________________________ DR.B.SIVA SANKARA RAO, J 03.10.2017 SS 1 2014 (5) SCC 324