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[Cites 5, Cited by 3]

Telangana High Court

Mahmood Mohiuddin And 2 Others vs The State Of Telangana And Another on 9 September, 2019

Author: G. Sri Devi

Bench: G. Sri Devi

                        HONOURABLE JUSTICE G. SRI DEVI


                       CRIMINAL PETITION No. 5442 of 2019

ORDER:

1. This Criminal Petition is filed under Section 482 Cr.P.C. seeking quashing of investigation in Crime No.329 of 2018 of Humayunnagar Police Station, Hyderabad City, registered against the petitioners for the offences punishable under Sections 324 read with 34 IPC.

2. Though the learned counsel for the petitioners filed the present petition for quashing of investigation in the above Crime, he restricts his prayer seeking a direction to the Investigating agency to follow the procedure prescribed under Section 41-A Cr.P.C. and the guidelines prescribed by the Apex Court in Arnesh Kumar v. State of Bihar and another1.

3. Learned Additional Public Prosecutor would submit that the directions of the Apex Court have to be followed and implemented.

4. In that view of the matter, the Criminal Petition is disposed of directing the police to abide by the directions of the Apex Court as set out in Arnesh Kumar case (supra). No coercive steps shall be taken against the petitioners till filing of the final report.

5. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed.

________________ JUSTICE G. SRI DEVI 09.09.2019 gkv 1 AIR 2014 SC 2756