Andhra Pradesh High Court - Amravati
Annareddy Lakshamana Swamy Reddy vs The State Of Andhra Pradesh on 28 September, 2020
Author: M.Satyanarayana Murthy
Bench: M.Satyanarayana Murthy
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
CRIMINAL PETITION NO.4151 of 2020
ORDER:
This criminal petition is filed under Section 482 of Criminal Procedure Code (for short "Cr.P.C.") to quash the proceedings in Crime/F.I.R.No.449 of 2020 on the file of Ongole Taluka Police Station, Ongole Town, Prakasam District.
Learned counsel for the petitioners after arguing for sometime, requested this Court to direct the police to follow the procedure laid down under Section 41-A of Cr.P.C and guidelines formulated by the Apex Court in "Arnesh Kumar v. State of Bihar1".
Acceding to the request of the learned counsel for the petitioners and without touching the merits of the case, I deem it appropriate to direct the police to follow the procedure laid down in Section 41-A of Cr.P.C. and guidelines prescribed in "Arnesh Kumar v. State of Bihar" (referred supra). It is needless to mention that the Supreme Court made it clear that violation of guidelines in "Arnesh Kumar v. State of Bihar" (referred supra) amounts to Contempt of Court action. Therefore, the Investigation Agency is bound to adhere to the guidelines formulated by the Apex Court in "Arnesh Kumar v. State of Bihar" (referred supra).
With the above directions, the petition is disposed of. No costs. Consequently, miscellaneous petitions pending, if any, shall also stand dismissed.
_________________________________________ JUSTICE M. SATYANARAYANA MURTHY 28.09.2020 Ksp 1 (2014) 8 SCC 273