Telangana High Court
Muthyala Sadananam And Another vs State Of Telangana And Another on 8 January, 2021
Author: T.Vinod Kumar
Bench: T.Vinod Kumar
THE HON'BLE SRI JUSTICE T.VINOD KUMAR
CRIMINAL PETITION No.6126 of 2020
ORDER:
The present criminal petition is filed under Section 482 Cr.P.C. seeking to quash the proceedings in FIR No.215 of 2002 dated 20.07.2020 on the file of Sultanabad Police Station, Peddapally District, registered for the offences punishable under Sections 420 and 506 read with Section 34 of the Indian Penal Code, 1860, wherein the petitioners herein are arrayed as accused Nos.1 and 2.
2. With the consent of the learned counsel appearing for the parties, the criminal petition is taken up for hearing through Video Conferencing in the virtual Court today, i.e. 08.01.2021.
3. Heard learned counsel for the petitioners and learned Additional Public Prosecutor appearing for respondent No.1 - State and perused the material placed on record.
4. After making initial submissions, in the present criminal petition filed seeking quashing of proceedings in FIR No.215 of 2002, learned counsel for the petitioners would submit that he is restricting his submission in the present petition to the one of seeking a direction to the respondent authorities to follow the procedure prescribed under Section 41-A Cr.P.C. and to abide by the guidelines laid down by the Hon'ble Apex Court in ARNESH KUMAR V/s. STATE OF BIHAR1.
5. Learned Additional Public Prosecutor would submit that the respondent authorities would follow the procedure prescribed under Section 41-A Cr.P.C., and adhere to the guidelines laid down by the 1 (2014) 8 SCC 273 2 Hon'ble Supreme Court in ARNESH KUMAR's case (supra), while investigating into the above crime.
6. Having regard to the submissions made as above, since, the offences with which the petitioners is charged being punishable with imprisonment of less than seven years, the respondent investigating agency is directed to follow the procedure prescribed under Section 41-A Cr.P.C., and to strictly adhere to the guidelines laid down by the Hon'ble Supreme Court in ARNESH KUMAR's case (supra), while investigating into the above crime.
7. Subject to the above direction, the criminal petition is disposed of. Pending miscellaneous petitions, if any, shall stand closed in the light of this final order.
_____________________ JUSTICE T.VINOD KUMAR Date:08.01.2021 GJ