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[Cites 6, Cited by 0]

Telangana High Court

B.Lingam vs The State Of Telangana on 30 September, 2020

Author: K. Lakshman

Bench: K. Lakshman

      THE HONOURABLE SRI JUSTICE K. LAKSHMAN

            CRIMINAL PETITION No.4535 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.96 of 2020 pending on the file of the Station House Officer, Tandur Police Station, Ramagundam. The petitioners herein are accused Nos.2 and 4 in the said Crime No.96 of 2020. The offences alleged against the petitioners are under Section 420 of the Indian Penal Code, 1860 (for short 'IPC'), and Section 7 of the Essential Commodities Act.

2. Heard Sri S. Viplav Simha Reddy, learned counsel for the petitioners, and learned Assistant Public Prosecutor for the respondents. Perused the record.

3. Name of the petitioners herein were added as accused Nos.2 and 4 in the crime on the confessional statement of accused No.1. However, there are no specific overt-acts against the petitioners herein.

4. Considering the above aspects and also the aspect that the punishment prescribed for the offences alleged against the petitioners is imprisonment of seven years or below seven years, the Criminal Petition is disposed of directing the Station House Officer, Tandur Police Station, Ramagundam District, to follow the procedure laid 2 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.

As a sequel thereto, miscellaneous petitions, if any, pending, in the criminal petition stand closed.

_________________ K. LAKSHMAN, J September 30, 2020.

PV 1 (2014) 8 SCC 273