Md. Aziz v. Mahboob Pasha

HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO CRIMINAL PETITION No.12856 OF 2018 ORDER:

This Criminal Petition is filed under Section 482 Cr.P.C by the petitioners/ A1 and A2, seeking to quash the proceedings in Crime No.200 of 2018 on the file of Tappa Chabutra Police Station, Hyderabad, registered for the offences punishable under Section 420 IPC and Sections 4 and 5 of the Prize Chits and Money Circulation Scheme (Banning) Act, 1978.

Heard learned counsel for the petitioners and learned Public Prosecutor appearing for the State in opposing the criminal petition, before ordering notice to respondent No.1/ 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 to respondent No.1 and hearing, 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 petitioners, 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: 30.11.2018 pab 1 (2014 (2) ALT (Crl.) 457 SC)