R. Govinda Rayudu v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY CRIMINAL PETITION NO.10898 OF 2018 ORDER:

This criminal petition is filed under Section 482 of Criminal Procedure Code (for short "Cr.P.C.") to quash the Crime/F.I.R.No.266 of 2018 on the file of Duvvada Police Station, Visakhapatnam District.

Learned counsel for the petitioner/accused No.2 after arguing for sometime, requested this Court to direct the police to follow the procedure laid down under Section 41-A of Cr.P.C and guidelines formulated by the Apex Court in "Arnesh Kumar v. State of Bihar1" and "Dr. Subhash Kashinath Mahajan v. The State Of Maharashtra2".

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 laid down in Section 41-A of Cr.P.C. and guidelines prescribed in "Arnesh Kumar v. State of Bihar" (referred supra). It is needless to mention that the Supreme Court made it clear that violation of guidelines in "Arnesh Kumar v. State of Bihar" (referred supra) amounts to Contempt of Court action. Therefore, the Investigation Agency is bound to adhere to the guidelines formulated by the Apex Court in "Arnesh Kumar v. State of Bihar" and "Dr. Subhash Kashinath Mahajan v. The State Of Maharashtra" (referred supra).

With the above directions, the petition is disposed of. No costs. 1 (2014) 8 SCC 273 2 AIR 2018 SC 1498

MSM,J Crl.P_10898_2018 Consequently, miscellaneous petitions pending, if any, shall also stand dismissed.

_________________________________________ JUSTICE M. SATYANARAYANA MURTHY 11.10.2018 Ksp