Andhra Pradesh High Court - Amravati
Katta Pramod, vs The State Of A.P., on 28 January, 2021
Author: Cheekati Manavendranath Roy
Bench: Cheekati Manavendranath Roy
THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
CRIMINAL PETITION No.375 of 2021
ORDER:-
This Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") is filed seeking quash of F.I.R in Crime No.39 of 2021 of Hindupur I Town Police Station, Ananthapur District.
2. Heard learned counsel for the petitioner and the learned Additional Public Prosecutor.
3. On a report lodged by the 2nd respondent, who is the Tahsildar, alleging that the petitioner has encroached the Government land and tried to lay house site layout and when the Village Revenue Assistant prevented him that he has assaulted him and obstructed him from discharging his official duties. The said report was registered as a case in the above crime for the offences punishable under Sections 353, 420 IPC and under Section 4 of the APLGA. The said case is now under investigation.
4. Having regard to the allegations set out in the F.I.R and as it is alleged that the petitioner has assaulted a public servant and prevented him from discharging his official duties, this Court is of the considered view that the matter requires investigation to find out the truth or otherwise of the said allegations set out in the F.I.R. There are no valid legal grounds emanating from the record warranting interference of this Court at this stage either to quash the F.I.R or to stay the investigation. 2
4. Therefore, the Criminal Petition lacks merit and it is hereby dismissed.
However, as the offences registered against the petitioner are punishable with less than seven (07) years period of imprisonment, the Investigating Officer is directed to follow the procedure contemplated under Section 41A Cr.P.C and the guidelines prescribed by the Apex Court in Arnesh Kumar v. State of Bihar and another1 case.
Miscellaneous petitions, if any pending, in the Criminal Petition, shall stand closed.
____________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY Date: 28-01-2021 AKN 1 (2014) 8 SCC 273 3 THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY CRIMINAL PETITION No.375 of 2021 Date: 28-01-2021 AKN