Court disposed of criminal petition by directing police to follow Section 41-A CrPC and Arnesh Kumar guidelines regarding arrest prohibition until final report filing.
Court directed police to follow Section 41-A CrPC and Arnesh Kumar guidelines; no coercive steps against petitioners till final report.
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HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION NO.139 OF 2020
ORDER:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure (Cr.P.C.) seeking quashing of investigation in Crime No.224 of 2019 of Valigonda Police Station, Rachakonda, registered against the petitioners/A-1 and A-2 for the offences punishable under Sections 504, 506 and 109 of the Indian Penal Code and Section 3 (1) (r) (s) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities Act, 1989.
Though the learned counsel for the petitioners/A-1 and A-2 filed the present petition for quashing of investigation in Crime No.224 of 2019, he restricts his prayer seeking a direction to the Investigating agency to follow the procedure prescribed under Section 41-A of the Cr.P.C. 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/A-1 and A-2 till filing of the final report.
Miscellaneous applications, if ay, pending shall stand closed.
_________________ (G. SRI DEVI, J)
7th January, 2020 RRB
1 AIR 2014 SC 2756
1 issue framed by the court
Whether the police shall follow Section 41-A procedure and Apex Court guidelines regarding automatic arrest before filing final report under Sections 504, 506, 109 IPC and SC/ST Act.
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
2 provisions across 1 enactments
Petitioners/A-1 and A-2
State
G. SRI DEVI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
