Bachu Raja Vikram vs State Of Telangana
2023 Latest Caselaw 593 Tel

          THE HONOURABLE SRI JUSTICE K. SURENDER

                  CRIMINAL PETITION No.1189 OF 2023

ORDER:

This Criminal Petition is filed under Section 482 of the Code of

Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioner-Accused

No.4 to quash the notice issued under Section 41-A Cr.P.C. by the 3rd

respondent in Crime No.186 of 2022 of Nizamabad IV Town Police

Station, Nizamabad District. The offence alleged against the petitioner is

under Section 420 of the Indian Penal Code.

2. Heard learned counsel for the petitioner and learned Additional

Public Prosecutor for respondent No.1- State. Perused the record.

3. Learned counsel for the petitioner would submit that the police have

issued notice under Section 41-A Cr.P.C. in the present case six months

after the registration of the crime. The said issuance of notice under

Section 41-A Cr.P.C. is in violation of the judgment of the Hon'ble

Supreme Court in Arnesh Kumar v. State of Bihar1.

4. Learned Additional Public Prosecutor would submit that in the

interest of investigation, notice under Section 41-A Cr.P.C. has been

issued. In the event of the petitioner giving explanation, the investigation

would be completed.

(2014) 8 SCC 273

5. On the other hand, learned counsel for the petitioner would submit

that the police are insisting the petitioner to pay the amounts to the 2nd

respondent-complainant.

6. Needless to say, the police cannot insist the parties to settle the civil

disputes. The property standing if any when decided by a civil Court, the

same is liable to be paid. Hence, the police are directed not to harass the

petitioner nor insist the petitioner to pay the amounts to the 2nd respondent

and shall follow the guidelines formulated by the Hon'ble Supreme Court

in Arnesh Kumar's case supra.

7. With the above directions, the criminal petition is disposed off.

Miscellaneous applications pending, if any, shall stand closed.

_______________ K.SURENDER, J 6th February 2023 mar