THE HONOURABLE SRI JUSTICE K. SURENDER
CRIMINAL PETITION No.1189 OF 2023
ORDER:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioner-Accused No.4 to quash the notice issued under Section 41-A Cr.P.C. by the 3rd respondent in Crime No.186 of 2022 of Nizamabad IV Town Police Station, Nizamabad District. The offence alleged against the petitioner is under Section 420 of the Indian Penal Code.
2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for respondent No.1- State. Perused the record.
3. Learned counsel for the petitioner would submit that the police have issued notice under Section 41-A Cr.P.C. in the present case six months after the registration of the crime. The said issuance of notice under Section 41-A Cr.P.C. is in violation of the judgment of the Hon'ble Supreme Court in Arnesh Kumar v. State of Bihar1.
4. Learned Additional Public Prosecutor would submit that in the interest of investigation, notice under Section 41-A Cr.P.C. has been issued. In the event of the petitioner giving explanation, the investigation would be completed.
1(2014) 8 SCC 273 2
5. On the other hand, learned counsel for the petitioner would submit that the police are insisting the petitioner to pay the amounts to the 2nd respondent-complainant.
6. Needless to say, the police cannot insist the parties to settle the civil disputes. The property standing if any when decided by a civil Court, the same is liable to be paid. Hence, the police are directed not to harass the petitioner nor insist the petitioner to pay the amounts to the 2nd respondent and shall follow the guidelines formulated by the Hon'ble Supreme Court in Arnesh Kumar's case supra.
7. With the above directions, the criminal petition is disposed off.
Miscellaneous applications pending, if any, shall stand closed.
_______________ K.SURENDER, J 6th February 2023 mar