CRLP/6219/2020 of S.Malik Basha AT Shaik Mali Basha, Vs THE STATE OF ANDHRA PRADESH on 31 December 2020

ORDER:

This Criminal Petition under Section 482 of the Criminal Procedure code is filed by the petitioner/Accused No.3 to quash the proceedings in FIR No.353 of 2019 on the file of Anantapuram I Town Police Station, Anantapur, Anantapur District, registered for the offences punishable under Sections 468, 420 read 34 IPC.

2. Learned counsel for the petitioner 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 Bihar and another”.

3. According 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 case. It is needless to mention that the Supreme Court made it clear that violation of guidelines in Arnesh Kumar case amounts to Contempt of Court action. Therefore, the Investigating Agency is bound to adhere to the guidelines issued in Arnesh Kumar case.

4. With the above directions, the petition is disposed of.

Consequently, miscellaneous petitions pending, if any, shall also stand closed.

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JUSTICE M. SATYANARAYANA MURTHY

Date: 31-12-2020

IS

THE HON’BLE SRI JUSTICE M. SATYANARAYANA MURTHY

CRIMINAL PETITION NO.6219 of 2020

Date: 31.12.2020

IS