1. The Writ Petition is filed seeking a direction to entrust investigation in
crime number 103 of 2024 dated 30.05.2024 on the file of I town Police
Station Hindupur to CBI and to declare the investigation done by the
police for offences under Sections 302, 201, 120-B, read with Section
149 of Indian Penal Code, as illegal, arbitrary, biased and with malice
and also violation of principles of natural justice.
2. Mr K.S.Murthy, learned senior counsel appearing for the petitioner
submits that the petitioner is a victim of circumstances and is framed as
an accused in the crime to shield the real accused. It is submitted that
the Sampath Kumar died while he was in police custody. The said
Sampath Kumar was arraigned as accused No.4 in Crime No. 88 of
2024 for alleged offences under Section 448, 323, 354, 506 R/w Sec 34
of IPC. It is submitted that the Sampath Kumar (hereinafter be referred
as “deceased”) came to Hindupur town on 27.05.2024 from Kerala and
on 28.05.2024 he was arrested and produced before the Magistrate
Court, the learned Magistrate rejected the remand on the ground that
the offences alleged against the deceased were punishable below 7
years and that no reasons are mentioned in remand report as to why
Section 41-A Cr.P.C notice was not issued to the deceased. The learned
Magistrate also observed that the SHO of I Town Police Station,
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Hindupur had violated Section 41-A of Cr.P.C and also defied the
guidelines of the Hon’ble Supreme Court in the matter of Arnesh Kumar
V/s State of Bihar. A memo was also issued to the SHO calling for his
explanation. The remand of the deceased was rejected and he was
released on bail with self bond and on execution of solvent securities
worth ?10,000 with two sureties for like some each.
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