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Andhra Pradesh High Court - Amravati

Amaradhi Venkata Rao vs State Of Andhra Pradesh on 30 June, 2021

Author: Cheekati Manavendranath Roy

Bench: Cheekati Manavendranath Roy

THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

               CRIMINAL PETITION No.3468 of 2021

ORDER:

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This Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") is filed seeking quash of F.I.R in Crime No.170 of 2021 of Prathipadu Police Station, East Godavari District, registered for the offence punishable under Section 353 IPC.

The petitioner is the sole accused in the above crime, which was registered against him for the offence punishable under Section 353 IPC on the report lodged by the 2nd respondent/Mandal Agricultural Officer.

At the time of hearing this petition, learned counsel for the petitioner has confined his request only to order notice under Section 41A Cr.P.C stating that the aforesaid offence registered against the petitioner is punishable with less than seven (07) years period of imprisonment.

Therefore, in view of the aforesaid request, this Criminal Petition is disposed of with a direction to the Investigating Officer to follow the procedure contemplated under Section 41A Cr.P.C and the guidelines prescribed by the Apex Court in Arnesh Kumar v. State of Bihar and another1 case.

Miscellaneous petitions, if any pending, in the Criminal Petition, shall stand closed.

_____________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY Date: 30.06.2021 AKN 1 (2014) 8 SCC 273 2 THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY CRIMINAL PETITION No.3468 of 2021 Date: 30-06-2021 AKN