Disposed

R. Janakiram and Another v. The State of Telangana and Another

Telangana HC3 Jul 2019CRLP/3505/2019

Case brief

AI extract

What is this about?

Justice G. Sri Devi disposed of a criminal petition seeking quashing of proceedings under Section 482 Cr.P.C. She directed the SHO to follow Section 41-A Cr.P.C. and Arnesh Kumar guidelines before arrest, prohibiting coercive steps until the final report is filed.

What did the court decide?

Directed SHO to follow Section 41-A Cr.P.C. and Arnesh Kumar guidelines; prohibited coercive steps until final report.

R. Janakiram and Another Vs The State of Telangana and… — Bail and Remand | Telangana HC (2019)

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THE HON’BLE JUSTICE G.SRI DEVI

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CRIMINAL PETITION No.3505 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.6 and 7 seeking to quash the proceedings in Crime No.24 of 2019 of Siddapur Police Station, Nagarkurnool District, registered for the offences punishable under Sections 324, 323, 504 and 506 read with 34 I.P.C.

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Heard the learned counsel for the petitioners/Accused Nos.6 and 7, 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.6 and 7 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 and below seven years.

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5. Under these circumstances, the Station House Officer, Siddapur Police Station, Nagarkurnool District, is directed to follow the procedure laid down under Section 41-A Cr.P.C. before arresting the petitioners/Accused Nos.6 and 7 and strictly adhere to the guidelines formulated by the Apex Court in Arnesh Kumar case

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1 AIR 2014 SC 2756

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(supra). However, no coercive steps shall be taken against the

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petitioners/accused Nos.6 and 7 till filing of the final report.

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

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Miscellaneous petitions, if any, pending in this criminal

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petition shall stand closed.

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______________________ JUSTICE G.SRI DEVI

JULY 03, 2019

YVL

THE HON’BLE JUSTICE G.SRI DEVI

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CRIMINAL PETITION No.3505 of 2019

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Date:03.07.2019

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YVL

R. Janakiram and Another v. The State of Telangana and Another

Case brief

What is this about?

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R. Janakiram and Another v. The State of Telangana and Another

Case brief

What is this about?

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What the court decided

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