Arun Arunachalam Murugiah v. M/S. Goel Pharma

THE HON'BLE SRI JUSTICE A.SHANKAR NARAYANA CRIMINAL PETITION No.2764 of 2017 ORDER:

The petitioners herein who are arraigned as A.2 and A.3 in crime No.19 of 2017 of Sultan Bazar Police Station request to quash the F.I.R. in the said crime by exercise of power under Section 482 of the Code of Criminal Procedure, 1973 (for short, 'the Code'). Heard Sri Kowturu Pavan Kumar, learned counsel for the petitioners, and the learned Additional Public Prosecutor for the State of Telangana.

The learned counsel having agreed with reference to certain facts, however, would restrict his request to the extent of directing the Investigating Officer to follow the procedure inlaid under Section 41-A of the Code.

The offences alleged are punishable under Sections 406, 420 and 120B of Indian Penal Code. The request of the learned counsel for the petitioners appears to be reasonable since it is only at crime stage on a private complaint filed by the first respondent herein under Section 156 (3) of the Code. Therefore, directing the investigating officer to follow the procedure under Section 41-A of the Code and also the guidelines laid down by the Hon'ble Supreme Court in Arnesh Kumar v. State of Bihar1, the present petition is disposed of. 1 (2014) 8 SCC 273

Miscellaneous applications, if any pending in this criminal petition, stand closed.

__________________________ A.SHANKAR NARAYANA, J Date: 04.04.2017 sur