Andhra Pradesh High Court - Amravati
J.V.R.R.College Of Education vs The State Of Andhra Pradesh, on 15 October, 2019
Author: G.Shyam Prasad
Bench: G.Shyam Prasad
THE HON'BLE SRI JUSTICE G.SHYAM PRASAD
WRIT PETITION No.14828 OF 2019
ORDER:
This is a Writ of Mandamus filed by the J.V.R.R. College of Education seeking direction to the respondents 5 and 6 to follow due process of law in connection with the investigation in F.I.R.No.99 of 2018 under Sections 420, 465, 468 and 471 IPC.
2. Heard the arguments of learned counsel for the petitioner and learned Government Pleader for Home, appearing for the respondents.
3. The learned counsel for petitioner argued that the respondent police are frequently calling the officials of the management of the institution to the police station at the instance of ruling political party to cause disrepute the educational institution. It is further submitted that the police ought to have followed the principles laid down in the judgment of the Hon'ble Apex Court in Arnesh Kumar vs. State of Bihar1 in conducting the investigation in this matter.
4. The learned counsel for petitioner placed reliance on the judgment of this Court in W.P.No.26667 of 2018 and sought for direction to the respondent police to follow due process of law as enshrined under Section 41A Cr.P.C. 1 2014 (2) ALT (Crl.) 457 (SC) 2
5. The petitioner has sought the relief of conducting investigation by the police by following due process of law in accordance with the guidelines laid down in Arnesh Kumar's case.
6. It is needless to say that the provisions under Sections 41A and 41B Cr.P.C of Chapter V of Criminal Procedure Code in respect of arrest of persons, the Investigating Officer shall scrupulously follow due process of law by following the provisions under Sections 41A and 41B Cr.P.C.
7. Hence, the respondents 5 and 6 are hereby directed to follow the guidelines in Arnesh Kumar's case and proceed with the investigation.
8. Accordingly, the writ petition is disposed of.
As a sequel, miscellaneous petitions pending, if any, shall stand closed.
_____________________________ JUSTICE G.SHYAM PRASAD DATE:
IS 3 THE HON'BLE SRI JUSTICE G.SHYAM PRASAD WRIT PETITION No.14828 OF 2019 DATE: -10-2019 IS