Criminal Petition filed under Section 482 Cr.P.C. sought quashing of investigation. Court disposed of petition directing police to follow Section 41-A Cr.P.C. and Arnesh Kumar guidelines, barring coercive steps till final report.
Police directed to follow Section 41-A Cr.P.C. and Arnesh Kumar guidelines; no coercive steps till final report.
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HONOURABLE JUSTICE G. SRI DEVI
CRIMINAL PETITION NO.562 OF 2019
ORDER:
This Criminal Petition is filed under Section 482 Cr.P.C. seeking quashing of investigation in Crime No.29 of 2019 of P.S. Meerpet, Rachakonda District, registered against the petitioners for the offences punishable under Sections 447, 427 and 506 of the Indian Penal Code.
Though the learned counsel for the petitioners filed the present petition for quashing of investigation in Crime No.29 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 petitioners till filing of the final report.
As a sequel thereto, miscellaneous applications, if any, pending shall stand closed.
(G. SRI DEVI, J)
15th July 2019 RRB
1 AIR 2014 SC 2756
1 issue framed by the court
Whether the police should be directed to adhere to Section 41-A Cr.P.C. and Apex Court guidelines during investigation.
Colour shows how this judgement treated each authority
Arnesh Kumar v. State of Bihar and anotherExplained¶6
1 AIR 2014 SC 2756 · Who else cites this
3 provisions across 2 enactments
PETITIONERS
STATE
G. SRI DEVI
As recorded by the court registry
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