THE HON'BLE SRI JUSTICE T.VINOD KUMAR
CRIMINAL PETITION No.6595 of 2020
ORDER:
This criminal petition is filed under Section 482 Cr.P.C. seeking to quash the proceedings in Crime No.341 of 2020 on the file of Metpalli Police Station, Jagtial District, registered for the offences punishable under Sections 420, 506 and 120-B of the Indian Penal Code, 1860, Section 156(3) of the Criminal Procedure Code, 1973, Section 67 of the Information Technology Act, 2000, and Section 26(b) of the Indian Telegraph Act, 1885, wherein the petitioners herein are arrayed as A.1 and A.2.
2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor appearing for the first respondent-State and perused the material placed on record.
3. With the consent of the learned counsel appearing for the parties, the criminal petition is taken up for hearing through Video Conferencing in the virtual Court today, i.e. 06.01.2021.
4. Learned counsel for the petitioners would submit that the present quash petition has been filed seeking to quash the above crime, since the complaint lodged by the second respondent - de facto complainant is a vague complaint and allowing the same to be proceeded with investigation, is vexatious and as such, it is a fit case for this Court to exercise inherent powers under Section 482 Cr.P.C.
5. However, after making initial submissions, learned counsel for the petitioners would submit that, if this Court is not inclined to entertain the petition under Section 482 Cr.P.C., the Court may direct the respondent authorities to follow the procedure prescribed under Section 41-A Cr.P.C. 2 and adhere to the guidelines laid down by the Hon'ble Apex Court in ARNESH KUMAR V/s. STATE OF BIHAR1.
6. Learned Additional Public Prosecutor would, on the other hand, submits that having regard to the punishment for various offences under which the petitioners are charged in the above crime, being less than seven years, the respondent authorities would follow the procedure prescribed under Section 41-A Cr.P.C as well as the judgment of the Hon'ble Supreme Court in ARNESH KUMAR's case (supra).
7. Having regard to the submissions made as above, since, the offences with which the petitioners are charged being punishable with imprisonment of less than seven years, the respondent authorities are directed to follow the procedure prescribed under Section 41-A Cr.P.C., and to strictly adhere to the guidelines laid down by the Hon'ble Supreme Court in ARNESH KUMAR's case (supra).
8. Subject to the above direction, the criminal petition is disposed of. Pending miscellaneous petitions, if any, shall stand closed in the light of this final order.
_____________________ JUSTICE T.VINOD KUMAR Date:06.01.2021 GJ 1 (2014) 8 SCPC 273