Single judge order quashing criminal proceedings and directing police to follow Section 41-A Cr.P.C. and Arnesh Kumar guidelines, with a specific bar on coercive steps against the accused.
Director police to abide by Arnesh Kumar guidelines and Section 41-A Cr.P.C., with no coercive steps against the accused.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HON’BLE JUSTICE G. SRI DEVI
CRIMINAL PETITION No.8560 of 2019
ORDER :
This Criminal Petition is filed under Section 482 Cr.P.C. seeking to quash the proceedings in Crime No.985 of 2019 on the file of the SHO, Madhapur Police Station, Cyberabad District, registered against the petitioner/accused for the offences punishable under Sections 447, 427 and 506 r/w 34 IPC.
ARNESH KUMAR V STATE OF BIHAR AND ANOTHER1 .
________________________ JUSTICE G.SRI DEVI
DATED: 27.12.2019 . Hsd
1 AIR 2014 SC 2756
2 issues framed by the court
Whether the police must follow Section 41-A Cr.P.C. and Arnesh Kumar guidelines before taking procedural action.
Whether coercive steps can be taken against the accused despite the quashing order directing compliance with Apex Court guidelines.
Colour shows how this judgement treated each authority
ARNESH KUMARRelied on¶6
ARNESH KUMAR V STATE OF BIHAR AND ANOTHER
3 provisions across 2 enactments
Petitioner/Accused
G. SRI DEVI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
