Telangana High Court
Dodla Suresh vs The State Of Telangana And Another on 10 November, 2022
Author: Chillakur Sumalatha
Bench: Chillakur Sumalatha
THE HON'BLE Dr.JUSTICE CHILLAKUR SUMALATHA
CRIMINAL PETITION No.9919 OF 2022
ORDER:-
1. Heard the submission of the learned counsel for the petitioner as well as the learned Additional Public Prosecutor representing Respondent No.1.
2. In the light of the limited request made, issuance of notice to Respondent No.2 is felt not necessary.
3. Seeking the Court to quash the proceedings that are pending against the petitioner, who is arrayed as Accused No.1 in Crime No.338 of 2022 of Paloncha Town Police Station, Bhadradri Kothagudem District, the present Criminal Petition is filed.
4. Learned counsel for the petitioner states that the dispute is purely civil in nature, but police registered a false case against the petitioner basing on the false complaint given by the 2nd respondent. Learned counsel also submits that none of the provisions of law quoted in the First Information Report attracts to the case facts. Learned counsel contends that the petitioner is being subjected to harassment and there is threat of arrest 2 Dr.CSL,J Crl.P.No.9919_2022 arbitrarily and therefore, no further orders in this Criminal Petition are required, except to protect the petitioner from arbitrary arrest.
5. Learned Additional Public Prosecutor did not raise any objection for grant of such a relief.
6. Thus, having regard to the submissions made and keeping in view the facts and circumstances of the case, the Criminal Petition is disposed of with the following directions:
(i) The Station House Officer, Paloncha Town Police Station/Investigating Officer shall not effect arrest of the petitioner/Accused No.1 without following the procedure established by law.
(ii) The Station House Officer, Paloncha Town Police Station/Investigating Officer, shall adhere to the requirement to follow Section 41-A Cr.P.C except under the circumstances mentioned under Sections 41(1) and 41-A (4) Cr.P.C.
(iii) The guidelines issued by the Hon'ble Apex Court in Arnesh Kumar Vs. State of Bihar 1 shall be followed.
(iv) The Station House Officer, Paloncha Town Police Station/Investigating Officer shall not insist upon 1 (2014) 8 SCC 273 3 Dr.CSL,J Crl.P.No.9919_2022 the personal appearance of the petitioner/Accused No.1 during the course of investigation, except where his personal appearance is required.
(v) In case the personal appearance of the petitioner/Accused No.1 is required, the same shall be communicated to him in writing indicating the reasons for which his personal appearance is sought.
(vi) However, it is made clear that the Investigation may go on.
(vii) That the petitioner/Accused No.1 shall cooperate with the police during the process of investigation.
7. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed.
________________________________________ Dr.JUSTICE CHILLAKUR SUMALATHA Dt.10.11.2022 ysk 4 Dr.CSL,J Crl.P.No.9919_2022 THE HON'BLE Dr.JUSTICE CHILLAKUR SUMALATHA CRIMINAL PETITION No.9919 OF 2022 Dt.10.11.2022 ysk