Telangana High Court
Mr. M. Nagarjuna Chowdary vs The State Of Telangana And 3 Others on 17 October, 2022
Author: Chillakur Sumalatha
Bench: Chillakur Sumalatha
THE HON'BLE Dr.JUSTICE CHILLAKUR SUMALATHA
WRIT PETITION No.38556 OF 2022
ORDER:-
1. Heard the submission of the learned counsel for the petitioner as well as the learned Assistant Public Prosecutor who is representing Government Pleader for Home for Respondents 1 to 3.
2. In the light of the limited request made, issuance of notice to Respondent No.4 is felt not necessary.
3. Seeking the Court to declare the action taken by Respondent No.3 in registering the complaint against the petitioner as null and void and consequently to quash the proceedings in Crime No.1055 of 2022 of Medipally Police Station, the present Writ Petition is filed.
4. Sri L.Ravi Chandra, learned Senior counsel, submits that the petitioner has not committed any offences whatsoever and indeed, a false case is foisted against him. Learned counsel also submits that a civil suit is pending between the parties. Learned counsel brought to the notice of this Court the findings given by the Commissioner of Police, Rachakonda, in Memo dated 15.09.2022 vide Memo 2 Dr.CSL,J W.P.No.38556 of 2022 No.1706/CCRB/RCKD/2022, wherein certain findings were given with regard to the entries in revenue records and the possession of the property by the concerned. By brining to the notice of this Court the above facts, learned counsel states that a false case is foisted against the petitioner, that too, alleging that he committed offences punishable under the provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act 2015 and indeed, the petitioner is not aware of the caste of the 4th respondent. Learned counsel finally states that police have served notice under Section 41-A Cr.P.C. to the other accused. For the reasons best known, no such notice is served upon the petitioner and police are trying to apprehend the petitioner arbitrarily and therefore, protection in that regard may be issued. Learned counsel states that no further orders in this regard are required except to protect the petitioner from arbitrary arrest.
5. On the other hand, learned Assistant Public Prosecutor who is representing Government Pleader for Home submits that the petitioner has to cooperate with the investigation.
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6. Having considered the submissions thus made and also the relevant material that is available on record, this Court is of the view that the Writ Petition can be disposed of by directing the police not to apprehend the petitioner arbitrarily and to follow the procedure established by law.
7. Resultantly, the Writ Petition is disposed of with the following directions:-
(i) The Station House Officer, Medipally Police Station /Investigating Officer shall not effect arrest of the petitioner/Accused No.1 without following the procedure established by law.
(ii) The Station House Officer, Medipally Police Station/Investigating Officer, shall adhere to the requirement to follow Section 41-A Cr.P.C except under the circumstances mentioned under Sections 41(1) and 41-A (4) Cr.P.C.
(iii) The guidelines issued by the Hon'ble Apex Court in Arnesh Kumar Vs. State of Bihar 1 shall be followed.
(iv) The Station House Officer, Medipally Police Station /Investigating Officer shall not insist upon the personal appearance of the petitioner/Accused No.1 during the course of investigation, except where his personal appearance is required.1
(2014) 8 SCC 273 4 Dr.CSL,J W.P.No.38556 of 2022
(v) In case the personal appearance of the petitioner/Accused No.1 is required, the same shall be communicated to him in writing indicating the reasons for which his personal appearance is sought.
(vi) However, it is made clear that the Investigation may go on.
(vii) That the petitioner/ Accused No.1 shall cooperate with the police during the process of investigation.
8. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed.
________________________________________ Dr.JUSTICE CHILLAKUR SUMALATHA Dt.17.10.2022 ysk 5 Dr.CSL,J W.P.No.38556 of 2022 THE HON'BLE Dr.JUSTICE CHILLAKUR SUMALATHA WRIT PETITION No.38556 OF 2022 Dt.17.10.2022 ysk