Kandimalla Adinarayana vs The State Of Telangana And 5 Others
2023 Latest Caselaw 1642 Tel

            HON'BLE SRI JUSTICE B. VIJAYSEN REDDY

                     WRIT PETITION No.10037 OF 2023

ORDER : (ORAL)

           The writ petition is filed seeking to declare action of

respondent Nos.2 to 5 in harassing the petitioner without following

due process of law in connection with Crime No.404 of 2023 of

Madapur Police Station and Crime No.46 of 2023 of Luxettipet

Police Station, as illegal and arbitrary.

2. Heard Sri Challa Srinivas Reddy, learned counsel for

petitioner and learned Assistant Government Pleader for Home and

perused the material available on record.

3. The F.I.R. No.46 of 2023 of Luxettipet Police Station

is under Section 420 r/w 34 of the Indian Penal Code, 1860(for

short the 'IPC'). The grievance of the petitioner is that respondent

Nos.4 and 5 are not following the procedure under Section 41-A of

the Cr.P.C. and the guidelines issued in the judgment of "Arnesh

Kumar Vs. State of Bihar"1 in connection with Crime No.404 of

2023 of Madapur Police Station and Crime No.46 of 20222

Luxettipet Police Station.

2014 8 SCC 273

4. Learned Assistant Government Pleader for Home

having received the written instructions dated 12.04.2023

submitted that notice under Section 41-A of the Cr.P.C. in Crime

No.46 of 2023 of Luxettipet Police Station was sent to the

petitioner through whatsapp and also through Registered Post and

in Crime No.404 of 2023 of Madapur Police Station notice under

Section 41-A of the Cr.P.C. sent to the peitioner-A1 on 05.04.2023.

A copy of written instructions received from respondent Nos.4 and

5 is served on learned counsel for the petitioner.

5. In view of the same, the writ petition is closed as no

further orders are required to be passed. 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 13.04.2023 Lpd

THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY

WRIT PETITION No.10037 OF 2023

April 13, 2023 LPD