G Venkata Swami (Al) v. Kuruva Gosula Lakshmidevi

THE HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY CRIMINAL PETITION No.9472 OF 2018 ORDER:

This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Code') to quash the Crime/F.I.R.No.122 of 2018 on the file of the Veldurthi Police Station of Kurnool District, State of Andhra Pradesh. Learned counsel for the petitioners after arguing for sometime, requested this Court to direct the police to follow the procedure inlaid in Section 41-A of the Code and guidelines formulated by the Apex Court in Arnesh Kumar v. State of Bihar1.

Acceding to the request of the learned counsel for the petitioners and without touching the merits of the case, I deem it appropriate to direct the police to follow the procedure inlaid in Section 41-A of the Code and guidelines prescribed in Arnesh Kumar1. It is needless to mention that the Hon'ble Supreme Court made it clear that violation of guidelines in Arnesh Kumar1 amounts to Contempt of Court action. Therefore, the Investigation Agency is bound to adhere to the guidelines formulated by the Apex Court in Arnesh Kumar1. With the above directions, the present Criminal Petition is disposed of. No order as to costs.

1 (2014) 8 SCC 273

MSM,J Crl.P_9472_2018 Consequently, Miscellaneous Petitions, if any, pending shall stand closed.

________________________________________ JUSTICE M. SATYANARAYANA MURTHY September 06, 2018 Mgr