B.Anantha Krishna Reddy, S/O. B.Anjan Reddy, v. The Commissioner Of Police,

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THURSDAY THE SIXTEENTH DAY OF JULY TWO THOUSAND AND FIFTEEN HONOURABLE SRI JUSTICE A.V. SESHASAI WRIT PETITION NO. 22149 OF 2015 Between:

B. Anantha Krishna Reddy ... Petitioner V/s.

The Commissioner of Police, Cyberabad, Gachibowli Hyderabad & Ors. ... Respondents Counsel for the Petitioner : Sri M.V. Rajaram Counsel for the Respondents : GP for Home [TG] The court made the following : [order follows] ` HONOURABLE SRI JUSTICE A.V. SESHASAI WRIT PETITION NO. 22149 OF 2015 O R D E R :

This writ petition is filed under Article 226 of the Constitution of India for the following relief : To declare the action of respondents 2 and 3 in registering FIR in Crime No. 377 of 2015, dated 23/6/2015 against the petitioner, as illegal, arbitrary and unconstitutional and without authority of law and consequently to set aside the same and to pass such other suitable orders as this court may deem fit and proper in the circumstances of the case.

2. Heard Sri M.V. Rajaram, learned counsel for the petitioner and the learned Government Pleader for respondents.

3. Basing on the complaint made by the fourth respondent, the second respondent Station House Officer, Chaitanyapuri Police Station, Cyberabad, registered Crime No. 377 of 2015 for the alleged offences under section 448, 509, 506 read with section 34 of IPC. The sum and substance of the case of the petitioner is that the respondents-police authorities without adhering to the principles laid down by the Hon'ble Apex Court in ARNESH KUMAR V/s. STATE OF BIHAR AND ANR [1] are trying to arrest the petitioner herein.

Section 41-A of the Code of Criminal Procedure reads as under: Notice of appearance before Police Oficer :-

1. The police officer shall, in all cases where the arrest of a person is not required under the provisions of sub-section (1) of section 41, issue a notice directing the person against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence, to appear before him or at such other place as may be specified in the notice.

2. Where such a notice is issued to any person, it shall be the duty of that person to comply with the terms of the notice.

3. Where such person complies and continues to comply with the notice, he shall not be arrested in respect of the offence referred to in the notice unless, for reasons to be recorded, the police officer is of the opinion that he ought to be arrested.

4. Where such person, at any time, fails to comply with the terms of the notice or is unwilling to identify himself, the police officer may, subject to such orders as may have been passed by a competent court in this behalf, arrest him for the offence mentioned in the notice.

4. While dealing with the provisions of Section 41-A Cr.P.C. the Hon'ble Apex Court in the above referred decision held at para Nos. 11 and 12 as under:

11. Our endeavour in this judgment is to ensure that police officers do not arrest the accused unnecessarily and Magistrate do not authorise detention casually and mechanically. In order to ensure what we

have observed above, we give the following directions: 11.1 All the State Governments to instruct its police Officers not to automatically arrest when a case under section 498-A IPC is registered but to satisfy themselves about the necessity for arrest under the parameters laid down above flowing from section 41 Cr.P.C.

11.2 All police officers be provided with a check list containing specified sub-clauses under section 41 (1) (b) (ii).

11.3 The police officer shall forward and check list duly filled and furnish the reasons and materials which necessitated the arrest, while forwarding/producing the accused before the Magistrate for further detention. 11.4 The Magistrate while authorising detention of the accused shall peruse the report furnished by the police officer in terms aforesaid and only after recording its satisfaction, the Magistrate will authorise detention. 11.5 The decision not to arrest an accused, be forwarded to the Magistrate within two weeks from the date of the institution of the case with a copy to the Magistrate, which may be extended by the Superintendent of Police of the district for the reasons to be recorded in writing;

11.6 Notice of appearance in terms of section 41A Cr.P.C. be served on the accused within two weeks from the date of institution of the case, which may be extended by the Superintendent of Police of the district for the reasons to be recorded in writing.

11.7 Failure to comply with the directions aforesaid shall apart from rendering the police officers concerned liable for departmental action, they shall also be liable to be punished for contempt of court to be instituted before the High Court having territorial jurisdiction.

11.8 Authorising detention without recording reasons as aforesaid by the Judicial Magistrate concerned shall be liable for departmental action by the appropriate High Court.

12. We hasten to add that the directions aforesaid shall not only apply to the cases under section 498-A IPC or section 4 of Dowry Prohibition Act, the case in hand, but also such cases where offence is punishable with imprisonment for a term which may be less than seven years or which may extend to seven years, whether with or without fine.

5 . The apprehension of the petitioner in the present writ petition is that the respondents-police authorities may not adhere to the mandatory provisions of section 41-A Cr.P.C. and the principles laid down by the Apex Court in the above referred judgment. Even though the petitioner herein has sought for quashing of FIR, this Court is not inclined to grant the said relief in view of prima facie allegations against the petitioner in the complaint.

6. For the aforesaid reasons and having regard to the nature of controversy, the writ petition is disposed of, directing the respondents-police authorities to adhere to the provisions of section 41-A Cr.P.C. and the principles and parameters laid down in the decision in ARNESH KUMAR V/s. STATE OF BIHAR AND ANR.

7. With the above observation, the writ petition is disposed of at the stage of admission. No costs.

16. As a sequel, Miscellaneous Petitions if any, pending in this writ petition shall stand closed.

___________________ JUSTICE A.V.SESHASAI 16/07/2015 I s L HONOURABLE SRI JUSTICE A.V. SESHASAI

WRIT PETITION NO. 22149 OF 2015 Date: 16/07/2015 Circulation No. 46 Court Master: I s L [1] ) [2014] 8 Supreme Court Cases 273