Uttam Chowdhary vs State Of Telangana

This petition is filed under Section 438 of Cr.P.C. seeking bail to petitioner/A.3 in the event of his arrest in connection with Crime No.1015 of 2021 of Cyber Crime Police Station, Hyderabad, registered for the offence punishable under Section 66-D of Information Technology Act and Sections 419, 420, 468 and 471 of the Indian Penal Code.

Heard Mr.Chinthapalli Srinivas, learned counsel for the petitioner, and learned Assistant Public Prosecutor for the respondent-State.

Learned counsel for the petitioner submits that the police, without following the procedure contemplated under Section 41-A Cr.P.C. and the guidelines formulated by the Hon’ble Supreme Court in Arnesh Kumar v. State of Bihar (2014) 8 SCC 273, are trying to arrest the petitioner. As such, the petitioner has approached this Court by filing the present petition.

Learned Assistant Public Prosecutor submits that the petitioner is resident of West Bengal and he has not appeared before the police. Though the police wanted to serve the notice under Section 41-A Cr.P.C., as the petitioner whereabouts are not known, they could not serve the same.

Learned counsel for the petitioner submits the petitioner will appear before the police on 28.02.2022.

In view of the said submission, this Criminal Petition is disposed of directing the petitioner to appear before the police on 28.02.2022 and on such appearance, the police shall issue notice and follow Section 41-A of Cr.P.C. and also the guidelines formulated by the Hon’ble Supreme Court in Arnesh Kumar (supra) scrupulously. It is needless to say, any deviation in this regard will be viewed seriously.

Miscellaneous petitions, pending if any, shall stand closed.