Andhra Pradesh High Court - Amravati
Motipalli Sattibabu vs The State Sho on 23 August, 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.6494 OF 2022
Motipalli Sattibabu and another .... Petitioners/Accused Nos.1&2
Versus
1) The State, S.H.O. and another. .... Respondents
Counsel for the petitioners : Mr.N.Sri Hari
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 present Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.'), to quash Crime.No.179 of 2022 dated 11.08.2022 on the file of Dwaraka Police Station, Visakhapatnam Commissionerate, Visakhapatnam District for the offences under Sections 420, 354(a), 354-D, 384, 506, 509 of Indian Penal Code (for short 'I.P.C.') r/w Section 34 of I.P.C.
3. The petitioners are accused Nos.1&2 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 2 making his submissions, confined his prayer to consider disposing of the matter by directing the Police not to arrest the petitioners without following the procedure contemplated under Section 41-A of 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: 23.08.2022 NPA 1 (2014) 8 SCC 273 3 99 THE HON'BLE SRI JUSTICE NINALA JAYASURYA CRIMINAL PETITION No.6494 OF 2022 Date: 23.08.2022 NPA