Telangana High Court
Mohammad Ezas Alli And 2 Others vs The State Of Telangana And Another on 6 October, 2020
Author: K. Lakshman
Bench: K. Lakshman
THE HONOURABLE SRI JUSTICE K. LAKSHMAN
CRIMINAL PETITION No.4738 OF 2020
ORDER:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.'), seeking to quash the proceedings in Crime No.119 of 2020 pending on the file of the Station House Officer, Choudarigudem Police Station, Cyberabad. The petitioners herein are accused Nos.1, 2 and 3 in the said Crime No.119 of 2020. The offence alleged against the petitioners is under Section 353 read with Section 34 of the Indian Penal Code, 1860 (for short 'IPC').
2. Heard Sri Vikas Joshi, learned counsel for the petitioners, and learned Assistant Public Prosecutor for the respondents. Perused the record.
3. The learned counsel for the petitioners would submit that contents of the complaint dated 28.09.2020 lack ingredients of the offence alleged against the petitioners. The only allegation against the petitioners is that they have entered into the police station. There is no assault or criminal force to deter public servant from discharging their duties as laid down under Section 353 of IPC. In view of the same, the matter requires investigation by the police.
4. Considering the above aspects and also the aspect that the punishment prescribed for the offence alleged against the petitioners is 2 imprisonment of seven years or below seven years, the Criminal Petition is disposed of directing the Station House Officer, Choudarigudem Police Station, Cyberabad, 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 Police are further directed not to take any coercive steps against the petitioners herein including their arrest till completion of the investigation and filing charge sheet.
As a sequel thereto, miscellaneous petitions, if any, pending, in the criminal petition stand closed.
_________________ K. LAKSHMAN, J October 6, 2020.
PV 1 (2014) 8 SCC 273