V.Surya Prakash Reddy, S/O.V.Bikshapathi Reddy, v. State Of Telangana,
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD
FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) WEDNESDAY, THE EIGHTH DAY OF APRIL TWO THOUSAND AND FIFTEEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.9472 of 2015 BETWEEN V.Surya Prakash Reddy ... PETITIONER AND The State of Telangana, Rep. by its Principal Secretary, Home Department, Secretariat Building, Hyderabad and others.
...RESPONDENTS The Court made the following:
ORDER:
Heard.
2. Petitioner has filed this writ petition questioning the issuance of notice under Section 41-A Cr.P.C. in Crime No.60 of 2015 though petitioner is no way connected with the said crime nor an accused therein.
3. Instructions of the learned Government Pleader, however, show that there was a mistake in the impugned notice under Section 41-A Cr.P.C. issued to the petitioner and that the same is being withdrawn.
3. In view of the above, nothing further survives for consideration in this writ petition.
4. Writ petition is, accordingly, disposed of. Respondents are free to issue appropriate fresh notice in terms of Section 41-A Cr.P.C. by following the ratio enunciated by the Supreme Court in Arnesh Kumar v. State of Bihar.
As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.
_____________________ VILAS V. AFZULPURKAR, J April 8, 2015 Lmv