Sardar Ahammad Shaik v. State Of Ap.,

HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY CRIMINAL PETITION No.10772 OF 2018 ORDER:

This Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Code') is filed by the petitioners - accused Nos.1 and 7 viz., Sardar Ahammad Shaik, Shaik Mohammed Ali, Shaik Nadirunnisa, Shaik Sattar alias Abdul Sattar, Shaik Reshma, Shaik Mustar and Shaik Abdullah respectively, to quash the proceedings against them in Crime No.132 of 2018, dated 22.09.2018 on the file of T. Sandole Police Station, Guntur District, registered for the offences punishable under Sections 498-A of the Indian Penal Code, 1860 and 3 and 4 of Dowry Prohibition Act, 1961.

2. 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.

3. 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 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 1 (2014) 8 SCC 273

MSM,J Crl.P No.10772 of 2018 Agency is bound to adhere to the guidelines formulated by the Apex Court in Arnesh Kumar1.

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 October 10, 2018 Mgr