The court disposed of a petition for anticipatory bail and refused to issue a direction mandating the investigating agency to follow the Arnesh Kumar guidelines, stating the agency is already legally bound to do so under Section 41-A Cr.P.C.
The direction sought to follow Section 41-A Cr.P.C. and Arnesh Kumar guidelines was not issued.
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THE HON’BLE SRI JUSTICE M. SATYANARAYANA MURTHY
CRIMINAL PETITION No.2395 OF 2017
ORDER:
This Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973 (for short, ‘the Cr.P.C.’) is filed to grant pre-arrest bail to the petitioner/A.2 apprehending his arrest in connection with Crime No.134 of 2015 of Rajam Police Station, Srikakulam Distirct, registered for the offence punishable under Section 420 of IPC.
After arguing the matter for a while, learned counsel for the petitioner requested this court to issue a direction to the investigating agency to follow the procedure contemplated under Section 41-A Cr.P.C. and the guidelines laid down by the Apex Court in ARNESH KUMAR V. STATE OF BIHAR1 .
It is needless to say that the investigating agency is bound to follow the procedure under Section 41-A of Cr.P.C. and the guidelines laid down by the Apex Court in ARNESH KUMAR v. STATE OF BIHAR, otherwise it would amounts to contempt.
Therefore, this Court is not required to give any specific direction to follow the Apex Court guidelines. Therefore, no direction need be given since the investigating agency is bound to follow the procedure under Section 41-A of Cr.P.C. Hence, the direction sought for by the learned counsel for the petitioner need not be issued.
With the above observation, the criminal petition is disposed of.
___________________________________ M. SATYANARAYANA MURTHY, J
Date:06.04.2017 ccm
1 (2014) 8 SCC 273
2
THE HON’BLE SRI JUSTICE M. SATYANARAYANA MURTHY
CRIMINAL PETITION No.2395 OF 2017
Date:06.04.2017
ccm
1 issue framed by the court
Whether the court should issue a direction for the investigating agency to follow Section 41-A Cr.P.C. and Arnesh Kumar guidelines.
Colour shows how this judgement treated each authority
Arunkumar B. N. v. State of BiharReferred¶5
ARNESH KUMAR V. STATE OF BIHAR (2014) 8 SCC 273 · Who else cites this
2 provisions across 1 enactments
PETITIONER/A.2
STATE
M. SATYANARAYANA MURTHY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
