Polimetla Nagabhushanam v. State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY CRIMINAL PETITION NO.11715 OF 2017 ORDER:

This petition is filed under Section 482 of Criminal Procedure Code (for short "Cr.P.C.") to quash the proceedings in C.C.No.624 of 2017 on the file of the II Additional Judicial Magistrate of First Class, Nuzvid, Krishna District, registered for the offences punishable under Section 498-A of Indian Penal Code (for short "I.P.C."). Learned counsel for the petitioner after arguing the matter for sometime, requested this Court to direct the police to follow the procedure laid down under Section 41-A of Cr.P.C and guidelines formulated by the Apex Court in "Rajesh Sharma v. State of U.P.1" Acceding to the request of the learned counsel for the petitioners, without touching the merits, I find that it is a fit case to issue direction to the police to follow the procedure laid down under Section 41-A of Cr.P.C and the guidelines issued by the Apex Court in "Rajesh Sharma case referred supra. Accordingly, the Magistrate concerned is directed to adhere to the guidelines issued in "Rajesh Sharma case referred supra.

With the above direction, the criminal petition is disposed of. No costs.

Consequently, miscellaneous petitions pending, if any, shall also stand closed.

___________________________________ M. SATYANARAYANA MURTHY, J 28.11.2017 kvrm 1 2017 (2) ALT (Crl.) 393 (SC)