Andhra Pradesh High Court - Amravati
Devi Eswaramma vs State Of Andhra Pradesh on 5 September, 2023
Author: K. Sreenivasa Reddy
Bench: K. Sreenivasa Reddy
HON'BLE SRI JUSTICE K. SREENIVASA REDDY
Criminal Petition No.6617 of 2023
Order:
This Criminal Petition, under Section 482 Cr.P.C., has been filed
on behalf of the petitioners herein/A2 to A6, to quash the proceedings
in Crime No.112 of 2023 of Chirala I Town Police Station, Bapatla
district, registered for the offences punishable under Sections 498-A
IPC and Sections 3 and 4 of the Dowry Prohibition Act.
2. Learned counsel for the petitioners, after arguing for some time,
has confined his argument to the extent of protecting the petitioners
herein from the coercive action by 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 petitioners 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:05.09.2023 Nsr 1 (2014) 8 SCC 273 3 HON'BLE SRI JUSTICE K. SREENIVASA REDDY Criminal Petition No.6617 of 2023 Date:05.09.2023 Nsr