THE HONOURABLE SRI JUSTICE K.SARATH
WRIT PETITION No.43943 of 2022
ORDER:
This writ petition is filed for the following relief:
"....to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.5 in non- following the Notice U/s.41 A (1) Cr.P.C and non- implementing the directions of the Hon'ble Apex Court judgement dated 02.07.2014 in Arnesh Kumar Vs State of Bihar and another and registered case in Crime No.790/2022 dated 25.11.2022 for an offence U/s.420, 120b, r/w 34 IPC, 156(3) Cr.P.C on the file of P.S.Keesara, Rachakonda Commissionerate and trying to arrest the petitioner illegally without following the provisions of Criminal Procedure Code".
2. Heard Sri Rapolu Bhaskar, learned Counsel appearing for the petitioner and learned Standing Counsel for the respondent Nos.1 to 5.
3. Learned Counsel for the petitioner submits that the respondent No.5 without issuing notice under Section 41 A (1) Criminal Procedure Code (Cr.P.C) at the time of arrest ::2::
in crime No.790 of 2022 dated 25.11.2022 registered for offences under Section.420, 120b, r/w 34 IPC, 156(3) Cr.P.C on the file of Keesara Police Station, Rachakonda Commissionerate. Aggrieved by the said action the petitioner filed this Writ Petitioner seeking a direction to the respondent No.5 to follow the directions of the Hon'ble Apex Court judgment dated 02.07.2014 in Arnesh Kumar Vs. State of Bihar and another.
4. The learned Assistant Government Pleader for Home, filed the written instructions dated 06.12.2022. In the said instructions, it is categorically stated the investigating officer tried to serve Notice under Section.41(A) Cr.P.C to the petitioner, but the petitioner instead of taking notice filed the present writ petition with false and frivolous allegations.
5. After hearing both sides, this writ petition is disposed of at the stage of admission itself by directing the petitioner ::3::
to receive the notice issued under Section 41(A) of Cr.P.C and comply the same within two (2) weeks from the date of receipt of copy of this order.
6. Miscellaneous petitions pending, if any, shall stand closed. There shall no order as to costs.
_________________________ JUSTICE K.SARATH Date: 08.12.2022 spk