HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT PETITION No.6559 OF 2023
ORDER : (ORAL)
The writ petition is filed seeking to declare action of
respondent No.3 - Station House Officer, Habeebnagar in
harassing and threatening the petitioner by frequently calling to the Police Station in pursuance of the F.I.R. No.60 of 2023 dated 24.02.2023, as illegal and arbitrary.
2. The grievance of the petitioner is that Investigating Officer is not following the procedure contemplated under Section 41-A of the Cr.P.C. and the guidelines issued in the judgment of "Arnesh Kumar Vs. State of Bihar"1 while conducting investigation in F.I.R. No.60 of 2023 of Habeebnagar Police Station registered for the offences punishable under Sections 417 and 420 of the Indian Penal Code, 1860 (for short the 'IPC').
3. Learned Assistant Government Pleader for Home having received the written instructions dated 09.03.2023, submitted that Investigating Officer tried to serve notice under 1 2014 8 SCC 273 2 Section 41-A of the Cr.P.C. to the petitioner-accused. The Investigating Officer visited the house of the accused and all the possible places to serve notice under Section 41-A of the Cr.P.C. but in vain. Police never threatened the family members of the petitioner. They only tried to know the whereabouts of the petitioner and serve notice under Section 41-A of the Cr.P.C.
4. Recording the submission of the learned Assistant Government Pleader for Home, the writ petition is disposed of directing the petitioner to appear before respondent No.3 - Station House Officer, Habeebnagar Police Station within a period of three (3) days and receive notice under Section 41-A of the Cr.P.C. if necessary, by taking assistance of lawyer. 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 March 10, 2023 Note: Furnish C.C. by today (BO) LPD 3 THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.6559 OF 2023 10.03.2023 March 10, 2023 LPD