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Telangana High Court

Lavudya Gegiram Ram Naik vs The State Of Telangana And Another on 1 June, 2020

Author: P. Keshava Rao

Bench: P. Keshava Rao

           HONOURABLE SRI JUSTICE P. KESHAVA RAO

                  CRIMINAL PETITION No.2308 of 2020

ORDER:

Heard learned counsel for the petitioner as well as learned Public Prosecutor.

2. The present criminal petition is filed to quash the proceedings in Crime No.26 of 2020 on the file of the Jawaharnagar Police Station, Rachakonda Commissionerate, for the offences under Sections 447, 427 and 353 read with 34 IPC.

3. Learned counsel for the petitioner while arguing the matter requests the Court to direct the respondent police to follow the mandatory procedure as contemplated under Section 41-A Cr.P.C.

4. The said submission is not opposed by the learned Public Prosecutor.

5. Having heard both the counsel and since the crime is at the investigation stage, this Court is not inclined to pass any interim orders and quash the proceedings. Therefore, the first respondent police is directed to follow the procedure as contemplated under Section 41-A Cr.P.C. and to follow the guidelines issued by the Hon'ble Apex Court in Arnesh Kumar vs. State of Bihar1.

6. With the above said direction, the criminal petition is closed.

Miscellaneous petitions pending, if any, shall also stand closed.

__________________________ JUSTICE P. KESHAVA RAO Date: 01.06.2020 mar 1 (2014) 8 SCC 273