In a criminal petition for quashing investigation, the court disposed of the matter to direct the police to follow coercive arrest guidelines under the Arnesh Kumar judgment until a final report is filed.
Direct police to abide by Arnesh Kumar guidelines; no coercive steps against petitioner until final report filings.
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HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION NO.2110 OF 2019
ORDER:
This Criminal Petition is filed under Section 482 Cr.P.C. seeking quashing of investigation in Crime No.92 of 2019 of P.S. Ibrahimpatnam, Rachakonda District, registered against the petitioner for the offences punishable under Sections 120B, 420, 468 and 471 of the Indian Penal Code.
Though the learned counsel for the petitioner filed the present petition for quashing of investigation in Crime No.92 of 2019, he restricts his prayer seeking a direction to the Investigating agency to follow the procedure prescribed under Section 41-A of the Code of Criminal Procedure and the guidelines prescribed by the Apex Court in Arnesh Kumar v. State of Bihar and another1 .
Learned Additional Public Prosecutor would submit that the directions of the Apex Court have to be followed and implemented.
In that view of the matter, the Criminal Petition is disposed of directing the police to abide by the directions of the Apex Court as set out in Arnesh Kumar case (supra). No coercive steps shall be taken against the petitioner till filing of the final report.
1 AIR 2014 SC 2756
2
Miscellaneous applications, if any, pending shall stand
closed.
(G. SRI DEVI, J)
19th July 2019 RRB
2 issues framed by the court
Whether to grant relief restricting coercive steps against the petitioner pending a final report.
Whether to direct the police to adhere to the guidelines under the Arnesh Kumar judgment.
Colour shows how this judgement treated each authority
Arnesh Kumar v. State of Bihar and anotherApplied¶6
Arnesh Kumar v. State of Bihar and another 1 AIR 2014 SC 2756 · Who else cites this
2 provisions across 1 enactments
Petitioner
State (Police)
G. Sri Devi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
