Andhra Pradesh High Court - Amravati
Nandina Chandra Kiran vs The State on 9 June, 2022
THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
CRIMINAL PETITION No.3951 OF 2022
ORDER:
This criminal petition is filed under Section 438 of Code of Criminal Procedure, 1973 (for short 'Cr.P.C') to enlarge the petitioner/A-1 & A-2 on bail in event of their arrest in connection with Crime No.68 of 2022 of Tallapudi Police Station, West Godavari District, registered for the offence punishable under Section 420 IPC.
2. The case of the prosecution is that the defacto complainant alleged that the petitioners obtained loan amount of Rs.25,00,00/- by mortgaging their property in Venktraipalem, Gopalapuram Mandal and the petitioners prepared a draft document on 23.02.2015 and the defacto-complainant went to Sub-registrar, Vegesinapuram and paid the money after obtaining mortgage deed from the petitioners. Thereafter, they came to know that the said land was sold away to third parties and when enquired with the petitioners, they gave evasive reply and mentioned wrong details in the said deed. Hence, the present crime is registered against the petitioners herein (A-1 & A-2).
3. Heard learned counsel for the petitioners and the learned Assistant Public Prosecutor for the State.
4. At the time of hearing, the Assistant Public Prosecutor submitted that since the offence registered is civil in nature arisen out of an alleged mortgage deed between the petitioners and the defacto-complainant, the petitioners are entitled for notice under Section 41-A, Cr.P.C.
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5. Having considered the submissions made by the petitioners as well as the respondent, this Court is prima facie satisfied that it is a fit case to direct the respondent police to follow the procedure as contemplated under Section 41-A Cr.P.C., and the guidelines prescribed by the Hon'ble Apex Court in Arnesh Kumar and another v. State of Biha1.
6. Accordingly, the criminal petition is disposed of.
Miscellaneous applications, pending if any, shall stand closed.
_____________________________________________ JUSTICE VENKATESWARLU NIMMAGADDA Date: 09.06.2022 Note:-
Issue C.C on 13.06.2022 B/o BSM 1 (2014) 8 SCC 273 3 HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA Criminal Petition.No.3951 of 2022 Date : 09.06.2022 BSM Note:-
Issue C.C on 13.06.2022 B/o BSM