Andhra Pradesh High Court - Amravati
Bojanapalli Koteswara Rao vs State Of Andhra Pradesh on 16 September, 2019
Author: G. Shyam Prasad
Bench: G. Shyam Prasad
HON'BLE SRI JUSTICE G. SHYAM PRASAD
WRIT PETITION NO.13673 OF 2019
ORDER:
This is a Writ of Mandamus filed by the petitioner seeking for a direction to the respondents 2 and 3 to follow due procedure in the investigation of the Crime No.250 of 2019, dated 18.08.2019 registered against the petitioner.
2. Heard the arguments of the learned counsel for the petitioner and the learned Government Pleader for Home.
3. Learned counsel for the petitioner submits that the police are calling the petitioner to the police station and making him sit from morning to till evening and harassing him. Therefore, the petitioner has come up with the present Writ Petition seeking for a direction to the police to follow due procedure as contemplated under Section 41-A of Criminal Procedure Code, 1973 during the investigation.
4. Learned Government Pleader for Home submits that the stage of Section 41-A of Cr.P.C. has not yet been reached and the police would follow procedure in accordance with law.
5. Considering the submissions of both the counsel, since the crime has already been registered against the petitioner as FIR in Crime No.250 of 2019, dated 18.08.2019, the police are directed to investigate the Crime in accordance with law by following the guidelines of the Hon'ble Supreme Court reported in Arnesh 2 Kumar Vs State of Bihar & Another1 and also the judgment in Lalita Kumari vs Govt. of U.P.& Ors2.
7. With the above observation, the Writ Petition is disposed of. There shall be no order as to costs.
Miscellaneous Petitions, if any pending, shall also stand closed.
_______________________ G. SHYAM PRASAD,J Date: 16-09-2019 Gvl 1 Criminal Appeal No.1277 of 2014 (Spl.Leave Petition (crl.)No.9127 of 2013) 2 (2014) 2 SCC 1 3 HON'BLE SRI JUSTICE G. SHYAM PRASAD WRIT PETITION No.13673 OF 2019 Date : 16-09-2019 Gvl 4