Telangana High Court
Ambati Kumar vs The State Of Telangana on 27 July, 2023
HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
WRIT PETITION No.18327 of 2023
O R D E R:
This writ petition is filed seeking the following relief:
"......to issue an appropriate writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No 4 in nonfollowing the directions of the Honble Apex Court in Arnesh Kumar Vs State of Bihar and nonfollowing the provisions of U/Sec 41A of Cr P 0 in Cr No 172/2023 of Kothur Police Station for the offences U/Sec 324 504 r/w 34 of IPC and trying to arrest the petitioner without following the Criminal Procedure Code is highly illegal arbitrary unconstitutional and violation of Articles 14 and 300A of the Constitution of India and also in violation of Principles of Natural Justice and consequently direct the respondent No 4 to follow the directions of the Honble Apex Court in Arnesh Kumar Vs State of Bihar and nonfollowing the provisions of U/Sec 41A of Cr P C in Cr No 172/2023 of Kothur Police Station for the offences U/Sec 324 504 r/w 34 of IPC not to arrest the petitioner to follow the Criminal Procedure Code and pass......"
2. learned Counsel appearing for the petitioners submits that on the complaint being lodged by respondent No.5 before the Kothur Police Station, a case in crime No.172 of 2023 was registered against the petitioners under Sections 324, 504, 506, r/w 34 I.P.C. He submits that as the offences punishable in the said crime is less than seven years, it is mandatory on the part of the respondents-Police to follow the procedure contemplated under Section 41-A Cr.P.C. and also the guidelines issued by the Hon'ble Supreme Court in Arnesh Kumar v. State of Bihar 1 but the respondents-Police without following the same are trying to arrest the petitioners. 1 (2014)8 SCC 273 2
3. Learned Assistant Government pleader appearing for Home submits that the respondents-Police are conducting investigation into the said crime by strictly following the procedure contemplated under Section 41-A Cr.P.C. and also the guidelines issued by the Hon'ble Supreme Court in Arnesh Kumar v. State of Bihar2.
4. In view of the said submission, this Court deem it appropriate to dispose of this writ petition directing the respondents-Police to strictly follow the procedure contemplated under Section 41-A Cr.P.C. and also the guidelines issued by the Hon'ble Supreme Court in Arnesh Kumar v. State of Bihar 3 while proceeding with the investigation into the said crime. No order as to costs.
As a sequel, the miscellaneous petitions pending, if any, shall stand closed.
____________________________________ JUSTICE C.V.BHASKAR REDDY Date: 27‐07‐2023 myk 2 (2014)8 SCC 273 3 (2014)8 SCC 273