THE HON’BLE SRI JUSTICE C. V. BHASKAR REDDY WRIT PETITION NO.29792 OF 2023

ORDER:

The writ petition is filed seeking following relief:

“……to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action against the respondent No 6 in non following the provisions of Criminal Procedure Code under section 41 A Cr P C and also not following the directions of Honble apex Court in Arnesh Kumar Vs State of Bihar and trying to arrest the petitioners without issuing the 41 A Cr P C Notice by colluding with respondent No 7 in Cr No 892/2023 U/Sec498 A IPC 3 4 DPA on the file of Pet basheerbad Police Station and detaining the petitioners in police station is highly illegal arbitrary unconstitutional and violation of Articles 14 15 21 of the Constitution of India and also violation of Principles of Natural Justice and consequently direct the respondent No 6 to follow the 41 A Cr P C and follow the direction of Hon’ble Apex Court in Arnesh Kumar Vs State of Bihar and direct them not to arrest in Cr No 892/2023 U/Sec 498 A IPC 3 4 DPA on the file of Pet basheerbad Police Station ……”

2. Learned counsel for the petitioners submits that the marriage of the son of petitioner No.1 was performed with respondent No.7 on 17.08.2022 as per the Hindu rites and customs. Learned counsel further submits that disputes arose between the son of the petitioner and respondent No.7, thereafter, at the instigation of respondent No.7, respondent No.6 is frequently summoning the petitioners to the police station and forcing them to enter into a settlement with respondent No.7. It is the further case of the petitioners that respondent No.6 has not followed the procedure contemplated under Section 41-A of Cr.P.C and also the guidelines issued by the Hon’ble Supreme Court in ARNESH KUMAR V. STATE OF BIHAR, [2014(8) SCC 273]

3. Learned Assistant Government Pleader for Home submits that respondent No.7 has lodged a complaint and acting on the said complaint, the respondents-police have summoned the petitioners to the police station for counseling and the respondents-police are not interfering with the matrimonial disputes in any manner.

4. In view of the above submissions, this Court deem it appropriate to direct respondent No.6 to follow the procedure contemplated under Section 41-A of Cr.P.C., and also the guidelines issued by the Hon’ble Supreme Court in ARNESH KUMAR’s case (1 supra) while conducting investigation.

5. With the above directions, this Writ Petition is disposed of. No order as to costs.

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

C.V. BHASKAR REDDY, J Date: 20.10.2023 SUS