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Andhra Pradesh High Court - Amravati

Duddukuru Lakshmi Parvati, vs The State Of Andhra Pradesh on 24 December, 2021

Author: D.Ramesh

Bench: D.Ramesh

               THE HONOURABLE SRI JUSTICE D.RAMESH

                  CRIMINAL PETITION NO.7408 OF 2021

ORDER:

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This petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") seeking to quash the F.I.R. No.419 of 2021 of Nawabpet Police Station, Nellore District, for the offences punishable under sections 420 of IPC.

2. Heard learned counsel for the petitioners and learned Assistant Public Prosecutor for the respondent-State.

3. Having regard to the facts and circumstances of the case and the allegations set out in the F.I.R., this Court is of the considered view that the investigation shall go on to find out the truth or otherwise of the allegations ascribed in the F.I.R. Therefore, the investigation cannot be interdicted. However, as the offence registered against the petitioners is punishable upto seven 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 Hon'ble Apex Court in Arnesh Kumar v. State of Bihar and another1 case scrupulously.

4. Accordingly, the Criminal Petition is disposed of.

Consequently, miscellaneous applications pending, if any, shall stand closed.

______________________ JUSTICE D.RAMESH Date :24.12.2021 Pnr 1 (2014) 8 SCC 273 2 THE HONOURABLE SRI JUSTICE D.RAMESH CRIMINAL PETITION No.7408 of 2021 24.12.2021 Pnr