Andhra Pradesh High Court - Amravati
Nandigam Dharmaraju, vs The Station House Officer on 3 September, 2019
Author: G. Shyam Prasad
Bench: G. Shyam Prasad
HON'BLE SRI JUSTICE G. SHYAM PRASAD
WRIT PETITION NO.12781 OF 2019
ORDER:
This is a Writ of Mandamus filed for a direction to the respondents to issue notice under Section 41-A during investigation by following decisions in Arnesh Kumar vs. State of Bihar and another and also Rajesh Sharma vs State of Uttar Pradesh, during the investigation.
2. Heard the arguments of learned counsel for the petitioners and the learned Government Pleader for Home appearing for respondents.
3. Learned counsel for the petitioners submits that 2nd petitioner is the wife of the 1st petitioner and the 2nd petitioner is the Principal of Harshitha School. The 4th respondent made a frivolous complaint against the 1st petitioner that the transaction has taken place between the 2nd petitioner and the 4th respondent's husband. According to the petitioners, it was a time barred debt and in order to squeeze the money, the 4th respondent's husband has foisted the present case through his wife. According to the petitioners, the allegations mentioned in the complaint are false.
4. Learned counsel mainly submits that the allegations are all civil in nature and a false complaint has been foisted against the petitioners. Learned counsel further submits that 1st respondent may be directed to follow procedure under Section 41- A during the investigation by following Arnesh kumar's case and Rajesh Sharma's case in connection with Crime No.256 of 2019 2 on the file of the Station House Officer, Pattabhipuram Police Station, Pattabhipuram, Guntur District-1st respondent.
5. Learned Government Pleader for Home submits that the procedure under Section 41-A would be followed in this case keeping in view the ratio laid down in the above two judgments.
6. Considering the submissions of learned counsel for the petitioners and the learned Government Pleader, the police are directed to follow the ratio laid down in the above judgments of Arnesh kumar and Rajesh Sharma and issue notice under Section 41-A to the petitioners while conducting investigation in the matter.
7. With the above direction, the Writ Petition is disposed of. No order as to costs.
Miscellaneous Petitions, if any pending, shall also stand closed.
________________________ G. SHYAM PRASAD,J Date: 03-09-2019 Gvl 3 HON'BLE SRI JUSTICE G. SHYAM PRASAD WRIT PETITION NO.12781 OF 2019 Date : 03- 09-2019 Gvl 4