Telangana High Court
Emandi Nageshwar Rao And 2 Others vs The State Of Telangana And Another on 25 July, 2022
Author: Chillakur Sumalatha
Bench: Chillakur Sumalatha
THE HON'BLE Dr. JUSTICE CHILLAKUR SUMALATHA
CRIMINAL PETITION No.6577 of 2022
ORDER:
This Criminal Petition under Section 482 Cr.P.C. is filed seeking the Court to quash the proceedings in FIR No.130 of 2022 of Bhadrachalam Town Police Station, Bhadradri Kothagudem District.
2. Heard the submission of learned counsel for the petitioners/Accused Nos.1 to 3 as well as the learned Assistant Public Prosecutor appearing for respondent No.1 - State. Having regard to the limited request made by learned counsel for the petitioners/Accused Nos.1 to 3, issuance of notice to respondent No.2/defacto complainant is felt not necessary.
3. Learned counsel for the petitioners submits that the petitioners have not committed any offences whatsoever and, indeed, respondent No.2/defacto complainant, only due to the prevailing disputes which are more civil in nature, foisted a false case against the petitioners. Learned counsel states that no further orders are required, except providing protection from arbitrary arrest of the petitioners by the police. 2
Dr. CSL,J Crl.P.No.6577 of 2022
4. The learned Assistant Public Prosecutor did not raise any serious objection for granting such a relief.
5. Thus, having regard to the facts and circumstances of the case, the Criminal Petition is disposed of with the following directions:
(1) The Station House Officer, Bhadrachalam Town Police Station, Bhadradri Kothagudem District, shall not effect arrest of the petitioners/Accused Nos.1 to 3 without following the procedure established by law.
(2) The Station House Officer, Bhadrachalam Town Police Station/Investigating Officer shall adhere to the requirement to follow Section 41-A Cr.P.C. except under the circumstances mentioned under Section 41(1) Cr.P.C. and Section 41-A (4) Cr.P.C.
(3) The guidelines issued by the Hon'ble Apex Court in ARNESH KUMAR Vs. STATE OF BIHAR - (2014) 8 SCC 273 shall be followed.
(4) The Station House Officer/Investigating Officer shall not insist upon personal appearance of the petitioners/Accused Nos.1 to 3 during the course of investigation, except where their personal appearance is required.3
Dr. CSL,J Crl.P.No.6577 of 2022 (5) In case the personal appearance of the petitioners/Accused Nos.1 to 3 is required, the same shall be communicated to them in writing indicating the reasons for which their personal appearance is sought.
(6) However, it is made clear that the Investigation may go on. (7) That the petitioners/Accused Nos.1 to 3 shall cooperate with the police during the process of investigation.
6. As a sequel, miscellaneous petitions pending, if any, shall stand closed.
________________________________________ Dr. JUSTICE CHILLAKUR SUMALATHA 25.07.2022.
Msr 4 Dr. CSL,J Crl.P.No.6577 of 2022 THE HON'BLE Dr. JUSTICE CHILLAKUR SUMALATHA CRIMINAL PETITION No.6577 of 2022 25.07.2022 (Msr) 5 Dr. CSL,J Crl.P.No.6577 of 2022