Pesaloa Shamantha Kumar Reddy vs The State Of Telangana
2022 Latest Caselaw 2303 Tel

THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR

                    WRIT PETITION NO.23712 OF 2022

ORDER:

Learned counsel for the petitioners submits that this

Court in Konidhana Ananda Sharma v. State of Andhra

Pradesh1 held that for the offences that are punishable with a

term less than seven years, therefore, procedure contemplated

under Sections 41 and 41-A Cr.P.C., squarely applies to them.

He further submits that the FIR registered against the

petitioners for the alleged offences under Sections 408, 420, 468

and 471 read with Section 34 of the Indian Penal Code, do not

attract against the petitioners and all these offences are

punishable with a term less than seven years. Hence, the said

judgment is squarely applicable to the present case.

2. In the circumstances, there shall be direction to the

respondents/Investigating Officers shall strictly follow the

procedure contemplated under Section 41-A Cr.P.C., and the

guidelines of the Hon'ble Apex Court in Arnesh Kumar v. State

of Bihar2 while causing investigation in FIR.No.181 of 2022 of

P.S. Panjagutta, Hyderabad.

3. With the above, this Writ Petition is disposed of.

1   2017 (2) ALD (Crl.) 756
2   (2014) 8 SCC 273
                                 2                   MSK,J
                                            W.P.NO.23712 OF 2022

      There shall be no order as to costs.          Miscellaneous

applications, if any, pending shall stand closed.

_____________________________________ (MUMMINENI SUDHEER KUMAR, J)

19th May 2022 RRB