DYAPA NIKHIL REDDY Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The grievance of the petitioner is that respondent Nos.4 and 5 are not following the procedure prescribed under Sec. 41A of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C.') and the guidelines issued by the Honourable Apex Court in Arnesh Kumar v. State of Bihar; 2014 8 SCC 273 while conducting investigation in Crime No.11 of 2022 of Urakonda Police Station, Nagarkurnool District, registered for the offences under Ss. 406, 418, 419, 420, 465 and 468 read with 34 IPC.

(2.) Learned counsel for the petitioner submitted that all the offences mentioned above are punishable with less than seven years imprisonment. The police ought to have given notice under Sec. 41A of Cr.P.C, and without doing the same, the police are interfering with life and liberty of the petitioner.

(3.) In the written instructions received by the learned Assistant Government Pleader for Home, it is stated that the police tried to serve notice under Sec. 41A Cr.P.C to the petitioner who is arrayed as accused No.6 in Crime No.11 of 2022. Accused Nos.1 to 3 were arrested and produced before the Principal Judicial Magistrate of First Class, Kalwakurthy, on 23/3/2023 as they were absconding since a long time. They were released on bail. Learned Assistant Government Pleader submitted that the police will follow the procedure under Sec. 41A Cr.P.C and the guidelines issued by the Honourable Supreme Court in Arnesh Kumar's case referred supra.