Telangana High Court
Ambati Saampath vs Santhanam Rohith on 8 June, 2021
Author: K. Lakshman
Bench: K. Lakshman
THE HONOURABLE SRI JUSTICE K. LAKSHMAN
CRIMINAL PETITION No.4242 OF 2021
ORDER:
This Criminal Petition is filed under Section 482 of Cr.P.C., to quash the proceedings in Crime No.424 of 2021, pending on the file of Uppal Police Station, Rachakonda Commissionerate. The petitioner herein is accused No.4 in the above said crime. The offences alleged against him are under Sections 324, 147, 148 read with Section 149 of IPC.
2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the record.
3. A perusal of the complaint dated 11.05.2021 would reveal that there are allegations against all the accused, including the petitioner herein/A-4.
4. Sri Katika Ravinder Reddy, learned counsel for the petitioner, would submit that the Investigating Officer in Crime No.424 of 2021 has already invoked the procedure laid down under Section 41-A of Cr.P.C., and served notices on A-1 to A-3 and without serving any notice under Section 41-A of Cr.P.C., the Investigating Officer is trying to apprehend the petitioner.
5. Considering the said facts and also the fact that the punishment prescribed for the offences alleged against the petitioner is imprisonment of seven years or below seven 2 years, this Criminal Petition is disposed of directing the Investigating Officer in Crime No.424 of 2021, pending on the file of Uppal Police Station, Rachakonda Commissionerate, to follow the procedure laid down under Section 41-A of Cr.P.C., and also the guidelines issued by the Apex Court in Arnesh Kumar v. State of Bihar1. The petitioner shall cooperate with the Investigating Officer by furnishing the information and documents as sought by him in concluding the investigation. Miscellaneous petitions pending, if any, shall stand closed.
__________________ K. LAKSHMAN, J Date: 08.06.2021 TJMR 1 (2014) 8 SCC 273