Balu Jaiswal , Jai Prakash Jaiswal v. The State Of Telangana

THE HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY CRIMINAL PETITION No.9758 OF 2018 ORDER:

This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Code'), is filed by the petitioner - accused No.3 viz., Balu Jaiswal alias Jai Prakash Jaiswal, seeking to quash the proceedings against him in Crime/F.I.R.No.172 of 2018 dated 14.07.2018 on the file of Adilabad I Town Police Station, Adilabad District, Telangana, registered for the offences punishable under Sections 420 and 506 read with 34 of the Indian Penal Code, 1860.

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 the guidelines prescribed in Arnesh Kumar1. It is needless to mention that the Hon'ble Supreme Court made it clear that violation of guidelines prescribed in Arnesh Kumar1 amounts to Contempt of Court action. Therefore, the Investigating Agency is bound to adhere to the guidelines formulated by the Apex Court in Arnesh Kumar1.

1 (2014) 8 SCC 273

MSM,J Crl.P No.9758 of 2018

4. With the above directions, the present Criminal Petition is disposed of at the stage of admission itself. Consequently, Miscellaneous Petitions, if any, pending in the present Criminal Petition, stand closed.

_________________________________ M. SATYANARAYANA MURTHY, J September 12, 2018 Mgr