Telangana High Court
CRLP/24575/2017 of Asim Kumar Maity Vs The State of telangana rep by p.P on 27 December 2017
SRI JUSTICE M.SATYANARAYANA MURTHY CRIMINAL PETITION No.24575 OF 2017 ORDER: This Criminal Petition, under Section 482 Cr.P.C., is filed by the petitioner/Accused to quash the proceedings in Crime No.136 of 2017 of Tukaramgate Police Station, Hyderabad City. Learned counsel for the
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THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY CRIMINAL PETITION No.24575 OF 2017
ORDER:
This Criminal Petition, under Section 482 Cr.P.C., is filed by the petitioner/Accused to quash the proceedings in Crime No.136 of 2017 of Tukaramgate Police Station, Hyderabad City.
Learned counsel for the petitioner after arguing the matter 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 Bihar and another[1].
Acceding to the request of the learned counsel for the petitioner and without touching the merits of the case, I deem it appropriate to direct the police to follow the guidelines prescribed in Arnesh Kumar’s case, if applicable. It is needless to mention that the Supreme Court made it clear that violation of guidelines in Arnesh Kumar’s case amounts to Contempt of Court action. Therefore, the Investigating Agency is bound to adhere to the guidelines issued in Arnesh Kumar’s case.
With the above directions, the Criminal Petition is disposed of.
Consequently,Miscellaneous Petitions, if any, pending in this criminal petition shall stand closed.
Date: 27.12.2017 Ivd
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M.SATYANARAYANA MURTHY, J