THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY
WRIT PETITION No.41685 of 2022
ORDER:
The grievance of the petitioner in this writ petition is that the respondent No.2 is calling him to Police Station and detaining him without there being any crime registered and frequently sending Constables to Petitioner's house and harassing the petitioner's family members.
2. The learned Assistant Government Pleader for Home having received the written instructions dated 16.11.2022 from the Sub-Inspector of Police, Miryalaguda II Town Police Station, Nalgonda district, submitted that one Maram Vijay Kumar has lodged complaint against the petitioner and the same was registered as Crime No.212 of 2022 under Section 420 of IPC and petitioner is accused in the said crime. Petitioner has filed the present writ petition to bring pressure on the police officials and to divert them from investigating the case.
3. Since the punishment prescribed for the offence under Section 420 of IPC is below seven years, the Respondent Police shall follow the procedure laid down under Section 41-A of Cr.P.C. and the guidelines stipulated in the judgment of the Hon'ble Apex Court in ARNESH KUMAR v. STATE OF BIHAR AND ANOTHER1, while conducting enquiry and investigation into the matter.
4. The writ petition is accordingly disposed of. The miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.
______________________ B. VIJAYSEN REDDY, J Date: 16.11.2022 DA 1 (2014) 8 SCC 273 THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETITION No.41685 of 2022 16.11.2022 DA