Kasarla Manikanta Reddy vs The State Of Telangana And 5 Others
2022 Latest Caselaw 6602 Tel

       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

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