Sheri Anjamma And 2 Others vs Government Of Telangana And 2 Others

Heard Sri G. Eshwaraiah, learned senior counsel representing Sri G. Kiran Kumar, learned counsel appearing for the petitioners and learned Assistant Government Pleader for Home.

This writ petition is filed declaring the illegal action of respondent No.2 in interfering with the life and liberty of the petitioners and asking them to attend the Police Station without following due process of law and without following the guidelines of Hon’ble Apex Court in the case of Arnesh Kumar v. State of Bihar and Rajesh Sharma v. Union of India reported in 2017(2) ALD (Crl.) 568 relating to Crime No.75 of 2022 of Raikode Police Station, Sangareddy district, registered for the offences under Sections 420, 468 and 471 r/w.34 of IPC as illegal and consequently direct respondent No.2 not to interfere with the life and liberty of the petitioners.

Petitioners and respondent No.3 are close relatives and belongs to one family. On the complaint lodged by respondent No.3, Police, Raikode Police Station, Sangareddy district, have registered a case in Crime No.75 of 2022 against the petitioners for the offences under Sections 420, 468 and 471 r/w.34 of IPC.

The grievance of the petitioners in the present writ petition is that the Investigating Officer in the said Crime without following the due procedure laid down under law, under the guise of investigation harassing the petitioners and therefore, this Court directed the learned Assistant Government Pleader for Home to get instructions with regard to the same.

On instructions, learned Assistant Government Pleader for Home submitted that the Investigating Officer will follow the procedure laid down under law and also the guidelines issued by the Hon’ble Apex Court in Arnesh Kumar’s case since the punishment prescribed for the offences alleged against the petitioners is below 7 years.

In view of the aforesaid discussion, this Writ Petition is disposed of, directing the Investigating Officer in Crime No.75 of 2022 pending on the file of Raikode Police Station, to follow the procedure prescribed in Section 41-A of Cr.P.C. and also the guidelines issued by the Hon’ble Apex Court in Arnesh Kumar v. State of Bihar (2014) 8 SCC 273. The petitioners shall cooperate with the Investigating Officer by furnishing information and documents, if any, as sought by him in concluding the investigation. There shall be no order as to costs.

As a sequel, the miscellaneous petitions, if any, pending in the Writ Petition shall stand closed.