M.Sai Krishna vs The State Of Telangana
2022 Latest Caselaw 5938 Tel

      THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY

                    WRIT PETITION No.41685 of 2022

ORDER:

The grievance of the petitioner in this writ petition is that the

respondent No.2 is calling him to Police Station and detaining him without

there being any crime registered and frequently sending Constables to

Petitioner's house and harassing the petitioner's family members.

2. The learned Assistant Government Pleader for Home having received

the written instructions dated 16.11.2022 from the Sub-Inspector of Police,

Miryalaguda II Town Police Station, Nalgonda district, submitted that one

Maram Vijay Kumar has lodged complaint against the petitioner and the

same was registered as Crime No.212 of 2022 under Section 420 of IPC and

petitioner is accused in the said crime. Petitioner has filed the present writ

petition to bring pressure on the police officials and to divert them from

investigating the case.

3. Since the punishment prescribed for the offence under Section 420 of

IPC is below seven years, the Respondent Police shall follow the procedure

laid down under Section 41-A of Cr.P.C. and the guidelines stipulated in the

judgment of the Hon'ble Apex Court in ARNESH KUMAR v. STATE OF BIHAR AND ANOTHER1, while conducting enquiry and investigation into

the matter.

4. The writ petition is accordingly disposed of. The miscellaneous

applications, if any, shall stand closed. There shall be no order as to costs.

______________________ B. VIJAYSEN REDDY, J Date: 16.11.2022 DA

(2014) 8 SCC 273 THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY

WRIT PETITION No.41685 of 2022

16.11.2022

DA