Venkateswara Rao , Venkatesh Lenka v. The State Of A.P

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY CRIMINAL PETITION No.12003 OF 2017 ORDER:

This criminal petition is filed by petitioner/ accused No.1, under Section 482 of Criminal Procedure Code, to quash the proceedings in Crime No.39 of 2017 on the file of Women Police Station, Visakhapatnam City, Visakhapatnam District. Learned counsel for the petitioner after arguing 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 "Arnesh Kumar v. State of Bihar and another1".

Acceding to the request of the learned counsel for the petitioner and without touching the merits of the case, I deem it appropriate to direct the police to follow the guidelines prescribed in Arnesh Kumar case. It is needless to mention that the Supreme Court made it clear that violation of guidelines in Arnesh Kumar case amounts to Contempt of Court action. Therefore, the Investigation Agency is bound to adhere to the guidelines issues in Arnesh Kumar case.

With the above directions, the Criminal Petition is disposed of.

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

_________________________________________ JUSTICE M. SATYANARAYANA MURTHY Date:06.12.2017 Knl 1 (2014) 8 SCC 273