Showkath , Mohd. Shoukath Hussain v. The State Of Telangana

HON'BLE SRI JUSTICE M.S.K.JAISWAL Criminal Petition No.11372 of 2016 ORDER :

This Criminal Petition is filed under Section 482 of Code of Criminal Procedure (Cr.P.C) by the petitioner/accused No.1 seeking to quash the F.I.R. No.574 of 2016 on the file of the Hayathnagar Police Station, Cyberabad, registered for the offences under Sections 447, 427, 468, 471, 419 and 420 I.P.C.

Though the present application is filed seeking to quash the F.I.R. No.574 of 2016, the learned counsel for the petitioner restricts his prayer seeking a direction to the investigating agency to follow the judgment of the Apex Court in Arnesh Kumar v. State of Bihar and another[1].

Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor and perused the material available on record.

Considering the facts and circumstances of the case, the Criminal Petition is disposed of directing the investigating agency to scrupulously follow the conditions stipulated in the judgment of the Arnesh Kumar's case and also Section 41 Cr.P.C., before taking any coercive steps against the petitioners.

Consequently, Miscellaneous Petitions pending in the Criminal Petition, if any, shall stand closed. _________________________ JUSTICE M.S.K.JAISWAL

Date : 04-08-2016.

skmr [1] 2014 (2) ALT (Crl.) 457 SC