M. Vijay Kumar v. The State Of Telangana

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY CRIMINAL PETITION No.24574 OF 2017 ORDER:

This Criminal Petition, under Section 482 Cr.P.C., is filed by the petitioner/accused to quash the proceedings in Crime No.608 of of Chaitanyapuri Police Station, Rachakonda Commissionerate.

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 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's case. It is needless to mention that the Supreme Court made it clear that violation of guidelines in Arnesh Kumar's case amounts to Contempt of Court action. Therefore, the Investigating Agency is bound to adhere to the guidelines issued in Arnesh Kumar's case.

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

Consequently, Miscellaneous Petitions, if any, pending in this criminal petition shall stand closed.

__________________________________ M.SATYANARAYANA MURTHY, J Date: 27.12.2017 Ivd 1 (2014) 8 SCC 273