Andhra Pradesh High Court - Amravati
Gogula Venkatarami Reddy, vs The State Of Andhra Pradesh on 18 July, 2022
Author: Ninala Jayasurya
Bench: Ninala Jayasurya
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
THE HON'BLE SRI JUSTICE NINALA JAYASURYA
CRIMINAL PETITION No.5140 OF 2022
Gogula Venkatarami Reddy and others .... Petitioners
Versus
1) The State of Andhra Pradesh,
rep. by its Public Prosecutor and another. .... Respondents
Counsel for the petitioners : Mr.V.V.Lakshmi Narayana
Counsel for the respondent No.1 : The Assistant Public Prosecutor
Counsel for the respondent No.2 : --
ORDER:
Heard learned counsel for the petitioners and learned Assistant Public Prosecutor appearing for the 1st respondent-State. Notice to the 2nd respondent is deemed not necessary as the matter is disposed of, without going into merits of the case.
2. This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.'), to quash F.I.R.No.68 of 2022 dated 01.07.2022 on the file of Rentachinthala Police Station, Guntur District for the offences under Sections 143, 147, 427, 324, 354, 506, 509 r/w 149 of Indian Penal Code ( for short 'I.P.C.').
3. The petitioners are accused Nos.1 to 5 in the said crime. Though, the learned counsel for the petitioners raised several grounds seeking to quash the said F.I.R in the present Criminal Petition, at the time of making his submissions, confined his prayer to consider 2 disposing of the matter by directing the Police not to arrest the petitioners without following the procedure contemplated under Section 41-A Cr.P.C.
4. In view of the said submission, this Court without going into merits of the case, dispose of the Criminal Petition with a direction to the Investigating Officer to follow the procedure contemplated under Section 41-A Cr.P.C., and the guidelines issued by the Hon'ble Supreme Court in Arnesh Kumar v. State of Bihar1.
5. With the above direction, the Criminal Petition is disposed of. As a sequel, miscellaneous applications pending if any, shall stand closed.
__________________ NINALA JAYASURYA, J Date: 18.07.2022 BLV 1 (2014) 8 SCC 273 3 THE HON'BLE SRI JUSTICE NINALA JAYASURYA CRIMINAL PETITION No.5140 OF 2022 Date: 18.07.2022 BLV