Thutipally Nagaiah , Nagesh v. The State Of Telangana

THE HONOURABLE Dr.JUSTICE B.SIVA SANKARA RAO Criminal Petition No.11212 of 2018 ORDER :

Heard the learned counsel for the petitioner/ A.2 in Cr.No.135 of 2018 on the file of Gudipally Police Station, Nalgonda district, registered for the offences punishable under Sections 384 and 506 IPC, before ordering notice to the 2nd respondent-defactocomplainant, and also heard the learned Public Prosecutor representing the 1st respondent-State and perused the First Information Report.

A perusal of the First Information Report no way entitles this Court to admit much less by ordering notice to the 2nd respondent to keep the matter pending but for left open all the defences for future to raise after police final report. Needless to say as none of the offences are with the punishment of above 7 years, if at all any arrest of the petitioner/ A.2 is required, the police shall strictly follow Section 41-A of CrPC, and also the guidelines in Arnesh Kumar Vs. State of Bihar1.

In the result, the Criminal Petition is disposed of. Pending miscellaneous petitions, if any, shall stand closed. _________________________ Dr. B.SIVA SANKARA RAO J, Date:25.10.2018 vvr 1 (2014) 8 SCC 273