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Telangana High Court

Sri. B. Lingam vs The State Of Telangana on 8 October, 2020

Author: K. Lakshman

Bench: K. Lakshman

          THE HONOURABLE SRI JUSTICE K. LAKSHMAN

                 CRIMINAL PETITION No.4795 OF 2020

ORDER:

This application is filed under Section 482 Cr.P.C., seeking to quash the proceedings in Crime No.96 of 2020 on the file of Tandur Police Station, Ramagundam district. The petitioners are accused in the above said crime. The offences alleged against the petitioners are under Sections 420 of IPC and Section 7 of the Essential Commodities Act.

2. Learned counsel for the petitioners, would submit that though he sought to quash the First Information Report in Crime No.96 of 2020, restricting the relief to the extent of a direction to the Police to follow the procedure laid down under Section 41-A of Cr.P.C., and the guidelines issued by the Hon'ble Apex Court in Arnesh Kumar v. State of Bihar and another1.

3. Considering the said submission, and also the fact that the punishment prescribed for the offences alleged against the petitioners are imprisonment for seven years or below seven years, the Criminal Petition is disposed of directing the Police, Tandur Police Station, Ramagundam district, to follow the procedure laid under Section 41-A of Cr.P.C., and also the guidelines issued by the Apex Court in Arnesh Kumar's case 1 (2014) 8 SCC 273 2 (supra). The Police are directed not to arrest the petitioners till the completion of investigation and filing of charge sheet.

As a sequel, miscellaneous petitions, if any, pending in the Criminal Petition shall stand closed.

__________________ K. LAKSHMAN, J Date: 8.10.2020 DA