Telangana High Court
Rajender Kumar Agarwal vs The State Of Telangana on 15 November, 2022
Author: Chillakur Sumalatha
Bench: Chillakur Sumalatha
HON'BLE Dr. JUSTICE CHILLAKUR SUMALATHA
CRIMINAL PETITION No.10089 of 2022
ORDER:
Heard the submission of learned counsel for the petitioners as well as the learned Additional Public Prosecutor, who is representing for 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 petitioners, who are arrayed as accused Nos.1 and 2, in Crime No.344 of 2022 of Charminar Police Station, Hyderabad, the present Criminal Petition is filed.
4. Learned counsel for the petitioners submits that the respondent No.2 used to supply labour to the petitioners and in that course, a small dispute arose and taking advantage of his caste, the respondent No.2 gave a false complaint against the petitioners to police. Learned counsel states that even as per the contents of the complaint, the incident occurred on 14.10.2022 but Dr.CSL,J Crl.P.No.10089 of 2022 2 complaint was given on 03.11.2022 which itself goes to show that contents of the complaint are false. Learned counsel brought to the notice of this Court, the complaint given by petitioner No.2 against the respondent No.2 on 21.10.2022. Learned counsel states that though the dispute is trivial, police are trying to arrest the petitioners arbitrarily and therefore, no further orders in this criminal petition are required except to protect the petitioners from such arbitrary arrest.
5. Learned Additional Public Prosecutor did not raise any serious objection for grant of such 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, Charminar Police Station, Hyderabad/Investigating Officer shall not effect arrest of the petitioners/Accused Nos.1 and 2 without following the procedure established by law.
Dr.CSL,J Crl.P.No.10089 of 2022 3
(ii) The Station House Officer, Charminar Police Station, Hyderabad /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 Bihar1 shall be followed.
(iv) The Station House Officer, Charminar Police Station, Hyderabad /Investigating Officer shall not insist upon the personal appearance of the petitioners/Accused Nos.1 and 2 during the course of investigation, except where their personal appearance is required.
(v) In case the personal appearance of the petitioners/Accused Nos. 1 and 2 is required, the same shall be communicated to them, in writing indicating the reasons for which their personal appearance is sought.
(vi) However, it is made clear that the Investigation may go on.
(vii) That the petitioners/Accused Nos.1 and 2 shall cooperate with the Police during the process of investigation.
1(2014) 8 SCC 273 Dr.CSL,J Crl.P.No.10089 of 2022 4
7. As a sequel, pending miscellaneous applications, if any, shall stand closed.
________________________________________ Dr. JUSTICE CHILLAKUR SUMALATHA Date: 15.11.2022 Sai/smr Dr.CSL,J Crl.P.No.10089 of 2022 5 HON'BLE Dr. JUSTICE CHILLAKUR SUMALATHA CRIMINAL PETITION No.10089 of 2022 15.11.2022 Sai/smr