Telangana High Court
Marlaraju Chenna Keshava And 15 Others vs The State Of Telangana And Another on 1 November, 2021
Author: Shameem Akther
Bench: Shameem Akther
THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER
CRIMINAL PETITION No.7860 OF 2021
ORDER:
This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C.'), is filed by the petitioners/A1 to A15 and A17 seeking to quash the proceedings against them in Crime No.700 of 2021 of Medipally Police Station, Rachakonda Commissionerate, registered for the offences punishable under Sections 498A of I.P.C. and Sections 3, 4 and 5 of the Dowry Prohibition Act, 1961.
2. Heard the learned counsel for the petitioners/A1 to A15 and A17, the learned Assistant Public Prosecutor representing the respondent No.1-State and perused the record.
3. Having submitted for a considerable time, learned counsel for the petitioners/A1 to A15 and A17 made a request to this Court to direct the investigating agency to follow the procedure prescribed under Section 41A of Cr.P.C. and to follow the guidelines prescribed by the Honourable Apex Court in Arnesh Kumar v. State of Bihar and another1, on the ground that the maximum sentence of imprisonment prescribed for the alleged offences is below seven (7) years.
4. The learned Assistant Public Prosecutor representing the respondent No.1-State conceded the request of the learned counsel for the petitioners/A1 to A15 and A17. 1 AIR 2014 SC 2756
5. Since the allegations made in the subject crime constitute the offences alleged, it is not appropriate to quash the proceedings in the subject crime against the petitioners/A1 to A15 and A17. However, in view of the request made on behalf of the petitioners/A1 to A15 and A17, the Station House Officer, Medipally Police Station, Rachakonda Commissionerate, is directed to follow the procedure laid down under Section 41A of Cr.P.C. before arresting the petitioners/A1 to A15 and A17 and strictly adhere to the guidelines formulated by the Honourable Apex Court in Arnesh Kumar's case (supra).
6. With the above observations and direction, the Criminal Petition is disposed of.
Miscellaneous Petitions, if any, pending in this Criminal Petition shall stand closed.
______________________ Dr. SHAMEEM AKTHER, J Date: 01.11.2021 ssp