Dismissed

Mohammed Abdul Rawoof v. State of T.S.

Telangana HC11 Jul 2019CRLP/1601/2019

Case brief

AI extract

What is this about?

This Single Judge order in Criminal Petition No. 1601 of 2019 did not quash the proceedings but directed the police to strictly adhere to Section 41-A Cr.P.C. and the Arnesh Kumar guidelines before arresting the accused. Coercive steps were restrained until the final report is filed.

What did the court decide?

The Station House Officer is directed to follow Section 41-A Cr.P.C. and Arnesh Kumar guidelines before arrest. No coercive steps against accused Nos. 2 to 4 till the filing of the final report.

Mohammed Abdul Rawoof Vs State of T.S. — Arbitration | Telangana HC (2019)

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THE HON’BLE JUSTICE G.SRI DEVI

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CRIMINAL PETITION No.1601 of 2019

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ORDER:

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This Criminal Petition, under Section 482 of Code of Criminal Procedure, 1973, is filed by the petitioners/Accused Nos.2 to 4 seeking to quash the proceedings against them in Crime No.63 of 2019 of Langer House Police Station, Hyderabad, registered for the offences punishable under Sections 420 and 506 read with 34 I.P.C.

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Heard the learned counsel for the petitioners/Accused Nos.2 to 4, the learned Additional Public Prosecutor representing the 1^st respondent-State and perused the record.

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Though the learned counsel for the petitioners/Accused Nos.2 to 4 filed the present petition for quashing the investigation in the aforesaid crime, he restricts his prayer seeking a direction to the Investigating agency to follow the procedure prescribed under Section 41-A Cr.P.C. and follow the guidelines prescribed by the Apex Court in Arnesh Kumar v. State of Bihar and another¹ .

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The learned Additional Public Prosecutor conceded the said request stating that the punishment for the alleged offences is imprisonment for seven years.

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5. Under these circumstances, the Station House Officer, Langer House Police Station, Hyderabad, is directed to follow the procedure laid down under Section 41-A Cr.P.C. before arresting the petitioners/Accused Nos.2 to 4 and strictly adhere to the guidelines formulated by the Apex Court in A rnesh Kumar case (supra).

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1 AIR 2014 SC 2756

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However, no coercive steps shall be taken against the

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petitioners/accused Nos.2 to 4 only till filing of the final report.

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