Andhra Pradesh High Court - Amravati
I. Subramanyam vs G.Balagurunatham on 9 March, 2023
Author: K. Sreenivasa Reddy
Bench: K. Sreenivasa Reddy
HON'BLE SRI JUSTICE K. SREENIVASA REDDY
Criminal Petition No.1782 of 2023
Order:
This Criminal Petition, under Section 482 Cr.P.C., has been filed
on behalf of the petitioner/A-4, to quash the proceedings in Crime
No.102 of 2023 of Chittoor I Town Urban Police Station, Chittoor
district, registered for the offences punishable under Sections 420,
463, 441, 468, 470 and 218 IPC.
2. Learned counsel for the petitioner herein, after arguing for some
time, has confined his argument to the extent of protecting the
petitioner herein from the police on the ground that the offences
alleged are punishable with imprisonment of less than seven years and
prays this Court to direct the police to follow the procedure as
contemplated under Section 41A of Cr.P.C.
3. On the other hand, learned Assistant Public Prosecutor did not
oppose the same and concurred with the submission made by the
learned counsel for the petitioner for the reason that the offences
alleged are punishable with imprisonment of less than seven years.
4. Heard. Perused the material on record.
5. Since the offences alleged are punishable with imprisonment of
less than seven years, this Court directs the police to follow the
procedure as contemplated under Section 41A of Cr.P.C. scrupulously
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as per the guidelines enunciated in Arnesh Kumar Vs. State of
Bihar and another1.
6. With the above directions, the Criminal Petition is disposed of.
7. As a sequel thereto, the miscellaneous petitions, if any, pending
in this Criminal Petition, shall stand closed.
________________________
K. SREENIVASA REDDY, J.
Date:09.03.2023 Nsr 1 (2014) 8 SCC 273 3 HON'BLE SRI JUSTICE K. SREENIVASA REDDY Criminal Petition No.1782 of 2023 Date:09.03.2023 Nsr