Disposed

Kancherlla Nageshwar Rao Sharma, v. The State of Andhra Pradesh

Telangana HC4 Sept 2014CRLP/9700/2014

Case brief

AI extract

What is this about?

The Hon'ble Court disposed of a criminal petition under Section 482 Cr.P.C. seeking quashing of investigation in a dowry case. Instead, it directed the investigating officer to scrupulously follow conditions under Section 41 Cr.P.C. and the precedent Arnesh Kumar before taking coercive steps or arrests.

What did the court decide?

Directing the investigating officer to follow Section 41 Cr.P.C. and Arnesh Kumar judgment before arrest.

Kancherlla Nageshwar Rao Sharma, Vs The State of Andhra… — Dowry and Cruelty | Telangana HC (2014)

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HON’BLE SRI JUSTICE C.PRAVEEN KUMAR

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CRIMINAL PETITION No.9700 of 2014

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ORDER:

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The petitioners, who are accused Nos.1, 3 to 6 filed this Criminal Petition under Section 482 Cr.P.C. seeking quashing of investigation in Crime No.176 of 2014 of Ongole I Town Police Station, Prakasam District, registered for the offences punishable under Sections 498-A, 494, 109 and 312 IPC and 3 and 4 of the Dowry Prohibition Act.

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Though the learned counsel for the petitioners filed the present petition for quashing of investigation in Crime No.176 of 2014, he restricts his prayer seeking a direction to the Investigating agency to follow the conditions stipulated in Section 41 Cr.P.C.

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Heard learned Public Prosecutor appearing for the respondent-State.

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Section 41 Cr.P.C. reads as under:

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When police may arrest without warrant.

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(1) Any police officer may without an order from a Magistrate and without a warrant, arrest any person –

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(a) who commits, in the presence of a police officer, a cognizance offence;

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(b) against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists than he has committed a cognizable offence punishable with

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imprisonment for a term which may be less than seven years or which may extend to seven years whether with or without fine, if the following conditions are satisfied, namely:-

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(i) the police officer has reason to believe on the basis of such complaint, information, or suspicion that such person has committed the said offence;

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(ii) the police officer is satisfied that such arrest is necessary-

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a) to prevent such person from committing any further offence; or

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b) for proper investigation of the offence; or

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c) to prevent such person from causing the evidence of the offence to disappear or tampering with such evidence in any manner; or

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d) to prevent such person from making any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the police officer; or

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e) as unless such person is arrested, his presence in the Court whenever required cannot be ensured,

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and the police officer shall record while making such arrest, his reasons in writing; (Provided that a police officer shall, in all cases where the arrest of a person is not required under the provisions of this sub-section, record the reasons in writing for not making the arrest.)

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From the above it is clear that the police officer, before arresting any person, has to be satisfied that such an arrest is necessary in terms of clauses (a) to (e) of Section 41(1)(b)(ii) Cr.P.C. and he has to record reasons while making such arrest. For the aforesaid reasons, it is

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ordered that the investigating officer while exercising discretion, whether or not to arrest the petitioners herein, under Section 41 Cr.P.C. shall scrupulously follow the conditions stipulated therein and also the judgment of the Apex Court in Arnesh Kumar v. State of Bihar and another (Crl.Appeal No.1277 of 2014), before taking any coercive steps against the petitioners.

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With the above direction, the Criminal Petition is disposed of. Miscellaneous petitions pending, if any in this criminal petition, shall also stand closed.

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________________ C.PRAVEEN KUMAR,J

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Rns

Kancherlla Nageshwar Rao Sharma, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Kancherlla Nageshwar Rao Sharma, v. The State of Andhra Pradesh

Case brief

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What did the court decide?

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