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Telangana High Court

Ramavath Bhaskar Naik Ramavath Bhaskar vs The State Of Telangana on 24 July, 2018

     THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                  CRIMINAL PETITION NO.7721 OF 2018
ORDER:

This criminal petition is filed, under Section 482 of Criminal Procedure Code (for short "Cr.P.C."), to quash the Crime/ F.I.R.No.20 of 2018 on the file of Peddavoora Police Station, Nalgonda District.

2. 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".

3. 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's case (supra). It is needless to mention that the Supreme Court made it clear that violation of guidelines in Arnesh Kumar's case (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's case (supra).

With the above directions, the petition is disposed of. As a sequel, the miscellaneous applications pending, if any, shall stand dismissed.

________________________________ JUSTICE M. SATYANARAYANA MURTHY July 24, 2018 Note:- Furnish copy by today {B/o} LMV 1 (2014) 8 SCC 273