J.Udya Sunder Rao vs The State Of Telangana
2023 Latest Caselaw 1147 Tel

            HON'BLE SRI JUSTICE B. VIJAYSEN REDDY

                      WRIT PETITION No.6559 OF 2023

ORDER : (ORAL)

           The writ petition is filed seeking to declare action of

respondent No.3 - Station House Officer, Habeebnagar in

harassing and threatening the petitioner by frequently calling to the

Police Station in pursuance of the F.I.R. No.60 of 2023 dated

24.02.2023, as illegal and arbitrary.

2. The grievance of the petitioner is that Investigating

Officer is not following the procedure contemplated under Section

41-A of the Cr.P.C. and the guidelines issued in the judgment of

"Arnesh Kumar Vs. State of Bihar"1 while conducting

investigation in F.I.R. No.60 of 2023 of Habeebnagar Police

Station registered for the offences punishable under Sections 417

and 420 of the Indian Penal Code, 1860 (for short the 'IPC').

3. Learned Assistant Government Pleader for Home

having received the written instructions dated 09.03.2023,

submitted that Investigating Officer tried to serve notice under

2014 8 SCC 273

Section 41-A of the Cr.P.C. to the petitioner-accused. The

Investigating Officer visited the house of the accused and all the

possible places to serve notice under Section 41-A of the Cr.P.C.

but in vain. Police never threatened the family members of the

petitioner. They only tried to know the whereabouts of the

petitioner and serve notice under Section 41-A of the Cr.P.C.

4. Recording the submission of the learned Assistant

Government Pleader for Home, the writ petition is disposed of

directing the petitioner to appear before respondent No.3 - Station

House Officer, Habeebnagar Police Station within a period of three

(3) days and receive notice under Section 41-A of the Cr.P.C. if

necessary, by taking assistance of lawyer. 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 March 10, 2023 Note: Furnish C.C. by today (BO) LPD

THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY

WRIT PETITION No.6559 OF 2023

10.03.2023

March 10, 2023 LPD