HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT PETITION No.10037 OF 2023
ORDER : (ORAL)
The writ petition is filed seeking to declare action of
respondent Nos.2 to 5 in harassing the petitioner without following
due process of law in connection with Crime No.404 of 2023 of Madapur Police Station and Crime No.46 of 2023 of Luxettipet Police Station, as illegal and arbitrary.
2. Heard Sri Challa Srinivas Reddy, learned counsel for petitioner and learned Assistant Government Pleader for Home and perused the material available on record.
3. The F.I.R. No.46 of 2023 of Luxettipet Police Station is under Section 420 r/w 34 of the Indian Penal Code, 1860(for short the 'IPC'). The grievance of the petitioner is that respondent Nos.4 and 5 are not following the procedure under Section 41-A of the Cr.P.C. and the guidelines issued in the judgment of "Arnesh Kumar Vs. State of Bihar"1 in connection with Crime No.404 of 2023 of Madapur Police Station and Crime No.46 of 20222 Luxettipet Police Station.
1 2014 8 SCC 273 2
4. Learned Assistant Government Pleader for Home having received the written instructions dated 12.04.2023 submitted that notice under Section 41-A of the Cr.P.C. in Crime No.46 of 2023 of Luxettipet Police Station was sent to the petitioner through whatsapp and also through Registered Post and in Crime No.404 of 2023 of Madapur Police Station notice under Section 41-A of the Cr.P.C. sent to the peitioner-A1 on 05.04.2023. A copy of written instructions received from respondent Nos.4 and 5 is served on learned counsel for the petitioner.
5. In view of the same, the writ petition is closed as no further orders are required to be passed. There shall be no order as to costs.
As a sequel thereto, miscellaneous applications, if any, pending in this writ petition shall stand closed.
_______________________ B. VIJAYSEN REDDY, J 13.04.2023 Lpd 3 48 THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.10037 OF 2023 April 13, 2023 LPD