Telangana High Court
Sura Sammaiah vs The State Of Telangana on 24 February, 2022
Author: Shameem Akther
Bench: Shameem Akther
THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER
CRIMINAL PETITION No.1764 of 2022
ORDER:
This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C), is filed by the petitioners seeking to quash the proceedings against petitioner No.1/A.1 in Crime No.58 of 2022 of Peddapalli Police Station, Peddapalli District, registered for the offences under Sections 447, 427 IPC and Section 3 of PDPP Act and to release JCB vehicle bearing No.AP 24 TA 8672 of the petitioner No.2, seized in the said crime.
2. Heard the learned counsel for the petitioners, learned Assistant Public Prosecutor for the respondent No.1/State and perused the record.
3. Though this Criminal Petition is filed seeking to quash the proceedings against the petitioner No.1/A.1 in Crime No.58 of 2022 of Peddapalli Police Station, Peddapalli District and to release the JCB vehicle bearing No.AP 24 TA 8672 of the petitioner No.2, the learned counsel for the petitioners restricted his prayer seeking a direction to the investigating agency to follow the procedure prescribed under Section 41A of Cr.P.C and 2 to follow the guidelines prescribed by the 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.
5. Under these circumstances, the Station House Officer, Peddapalli Police Station, Peddapalli District, is directed to follow the procedure laid down under Section 41A of Cr.P.C. before arresting the petitioner No.1/A.1 and strictly adhere to the guidelines formulated by the Hon'ble Apex Court in Arnesh Kumar's case (supra).
6. With the above direction, this Criminal Petition is disposed of.
Miscellaneous petitions, if any, pending in this criminal petition shall stand closed.
____________________ Dr. SHAMEEM AKTHER, J Date: 24.02.2022 scs 1 AIR 2014 Supreme Court 2756