Smt. Netula Jaya Priya v. The State Of Telangana

THE HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY CRIMINAL PETITION No.9675 OF 2018 ORDER:

This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, (for short 'Code') to quash Crime/F.I.R.No.143 of 2018 on the file of Jagtial Town Police Station, Jagtial District, Telangana State, registered for the offences punishable under Section 420 of the Indian Penal Code, 1860 and Section 24 of the Emigration Act, 1983.

2. Learned counsel for the petitioner 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.

3. 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 procedure inlaid in Section 41-A of the Code and guidelines prescribed in Arnesh Kumar1, if applicable. 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, if applicable.

1 (2014) 8 SCC 273

MSM,J Crl.P No.9675/2018 With the above directions, the present Criminal Petition is disposed of at the stage of admission itself. No order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the present Criminal Petition, shall stand closed. ________________________________________ JUSTICE M. SATYANARAYANA MURTHY September 11, 2018 Mgr