Pinjari Chinna Dargaiah v. The State Of A.P.

HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY CRIMINAL PETITION No.10790 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.1 viz., Pinjari Chinna Dargaiah to quash the proceedings against him in Crime No.72 of 2018 dated 17.08.2018 on the file of Nandikotkur Police Station, Kurnool District, registered for the offences punishable under Sections 498-A read with Section 34 of the Indian Penal Code, 1860 and Sections 3 and 4 of Dowry Prohibition Act, 1961.

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.10790 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 October 10, 2018 Mgr