Nagaram Kalyan Kumar Gupta , Kalyan v. The State Of Telangana

HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO CRIMINAL PETITION No.12749 OF 2018 ORDER:

This Criminal Petition is filed under Section 482 Cr.P.C by the petitioner/ A2, seeking to quash the proceedings in C.C.No.196 of 2015 on the file of XII Additional Chief Metropolitan Magistrate, Nampally, Hyderabad, where taken cognizance for the offences punishable under Sections 406, 420 and 120(b) IPC. Heard learned counsel for the petitioner and learned Public Prosecutor appearing for the State in opposing the criminal petition before ordering notice to the 2nd respondent/ de facto complainant and perused the material on record.

On perusal of the material on record, there is nothing to quash the proceedings much less to admit and keep the matter pending for notice of the 2nd respondent, but for, to say as none of the offences are punishable above seven years, police strictly follow Section 41-A Cr.P.C.

Having regard to the above, the Criminal Petition is disposed of, directing the police to proceed with the investigation and in the event of any necessity of arrest of the petitioner, they have to follow Section 41-A Cr.P.C. and the guidelines of the Apex Court as laid down in Arnesh Kumar v. State of Bihar1, strictly. Miscellaneous petitions pending if any, shall stand closed. _________________________ Dr. B. SIVA SANKARA RAO, J Date: 28.11.2018 pab 1 (2014 (2) ALT (Crl.) 457 SC)