Kondagurla Vedaprakash v. State of Telangana

ORDER:

Heard learned counsel appearing for the petitioner and learned Government Pleader for Home appearing for respondents 1 & 2. With their consent, the Writ Petition is disposed of at the stage of admission.

2. The grievance of the petitioner in this Writ Petition is that the 2^nd respondent is trying to arrest the petitioner in Cr.No.94/2021 without following the procedure prescribed under Section 41A of the Cr.P.C. and also the guidelines framed by the Hon'ble Apex Court in

Arnesh Kumar v. State of Bihar¹, even though imprisonment prescribed for the offences alleged against the petitioner under Section 354A, 354D, 420, 452 And 506 of IPC is up to 7 years, and seeks a direction to 2^nd respondent to follow the procedure prescribed under 41A Cr.P.C. and the guidelines framed by the Hon'ble Apex Court in Arnesh Kumar's case(supra).

3. In view of the above submissions, this Writ Petition is disposed of directing the 2^nd respondent to follow the procedure prescribed under Section 41A of Cr.P.C. and also the guidelines formulated by the Hon'ble Apex Court in Arnesh Kumar v. State of Bihar (1 supra). No order as to costs.

4. Consequently, miscellaneous petitions, if any pending, shall stand closed.

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B.VIJAYASEN REDDY, J

28^th December, 2021 Note: Issue CC today. B/o(gra)

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