Kanuparthy Aditya vs Station House Office

Heard the submission of the learned counsel for the petitioners as well as the learned Assistant Public Prosecutor who is representing the Respondent No.1.

In the light of the limited request made, issuance of notice to Respondent No.2 is felt not necessary.

Seeking the Court to quash the proceedings that are pending against the petitioners in Crime No.324 of 2022 of Saroornagar Women Police Station, the present Criminal Petition is filed.

Learned counsel for the petitioners submits that the petitioners, who are arrayed as Accused Nos.1 to 3 in Crime No.324 of 2022 of Saroornagar Women Police Station, have not committed any offence whatsoever. But, basing on a false complaint, a case is registered against them. Learned counsel also states that infact, the Petitioner No.1 gave a sum of Rs.10 lakhs to the father of the Respondent No.2 prior to the date of marriage for marriage expenses and the said mount was given by way of cheque. Learned counsel however finally states that no further orders in this Criminal Petition are required except to protect the petitioners from arbitrary arrest.

Learned Assistant Public Prosecutor did not raise any serious objection for grant of such relief.

Thus, having regard to the submissions made and keeping in view the facts and circumstances of the case, this Criminal Petition is disposed of with the following directions:

(i) The Station House Officer, Saroornagar Women Police Station /Investigating Officer shall not effect arrest of the petitioners/Accused Nos.1 to 3 without following the procedure established by law.

(ii) The Station House Officer, Saroornagar Women Police Station /Investigating Officer, shall adhere to the requirement to follow Section 41-A Cr.P.C except under the circumstances mentioned under Sections 41(1) and 41-A (4) Cr.P.C.

(iii) The guidelines issued by the Hon’ble Apex Court in Arnesh Kumar Vs. State of Bihar (2014) 8 SCC 273 shall be followed.

(iv) The Station House Officer/Investigating Officer shall not insist upon the personal appearance of the petitioners/ Accused Nos.1 to 3 during the course of investigation, except where their personal appearance is required.

(v) In case the personal appearance of the petitioners/Accused Nos.1 to 3 is required, the same shall be communicated to them in writing indicating the reasons for which their personal appearance is sought.

(vi) However, it is made clear that the Investigation may go on.

(vii) That the petitioners/ Accused Nos.1 to 3 shall cooperate with the police during the process of investigation.

As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed.