THE HONOURABLE SMT. JUSTICE K. SUJANA
CRIMINAL PETITION No.4052 of 2024
ORDER
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) by the petitioners/accused Nos.1
to 4, seeking to quash the proceedings against them in Crime No.162 of 2024 on the file of Moinabad Police Station, Cyberabad, registered for the alleged offences punishable under Sections 447, 427, 467, 468, 471, 341, 504, 506, 509, 323, 386 read with 34 of IPC.
2. Heard Sri Nazir Ahmed Khan, learned counsel for the petitioners and Sri S. Ganesh, learned Assistant Public Prosecutor for respondent No.1 – State.
3. As seen from the record, there are no allegations against the petitioners to constitute offences under Sections 386 and 467 of IPC. Hence, this Court deems it appropriate to direct the petitioners to appear before the Investigating Officer on or before 03.05.2024 between 11:00 a.m. and 05:00 p.m. and in turn, the Investigating Officer is directed to follow the procedure laid down under Section 41-A Cr.P.C. and also the guidelines formulated by the Hon’ble Supreme Court of India in Arnesh Kumar v. State of Bihar1 scrupulously. However, the petitioners shall submit their defense and co-operate with the Investigating Officer as and when required by furnishing information and produce all relevant documents/material required for the purpose of the investigation and the Investigating Officer shall consider the same before filing appropriate report before the learned Magistrate concerned.
4. Accordingly, the Criminal Petition is disposed of.
Miscellaneous applications, if any pending, shall also stand closed.
_______________ K. SUJANA, J Date: 26.04.2024 gms Note:
1 (2014) 8 SCC 273
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