Andhra Pradesh High Court - Amravati
B. Satyanarayana, vs The State Pf Andhra Pradesh on 3 February, 2020
Author: G.Shyam Prasad
Bench: G.Shyam Prasad
1
HON'BLE SRI JUSTICE G.SHYAM PRASAD
CRIMINAL PETITION No. 139 of 2020
ORDER:
This criminal petition is filed under Section 482 Cr.P.C. seeking for quashing of proceedings against the petitioner/A-8 in connection with NDPS SC No.91/2017 on the file of the Court of Special Court for Trial of Cases under NDPS Act, 1985 , East Godavari at Rajamahendravaram arising out of crime No.76/2016 on the file of Station House Officer, Chinturu Police Station, East Godavari District.
2. Heard learned counsel for the petitioner and learned Public Prosecutor appearing for respondent-State.
3. Learned counsel for petitioner relied on the order dated 30.01.2028 passed in Crl.P.No.564 of 2018 wherein this Court directed the Station House Officer, Chinturu Police Station, East Godavari District to issue Section 41-A Cr.P.C. Notice to the petitioner before arresting him. He therefore, sought for similar relief to the petitioner/A-8.
4. Learned Public Prosecutor appearing for respondent-State did not oppose the same.
5. Learned counsel for the petitioner relied on the statement of P.W.1, wherein for question No.6, he replied that as per the directions and instructions of the police officers, as per the directions of CI Chinthuru he has drafted the mediators report. On question No.5, he stated that the CI, Chinturu instructed him to write the names of CI-Ankababu as A-7, and 2 Constable Satyanarayana as A-8 in the mediators report and also said that the accused never confessed the names of A-7 & A-8.
6. In the light of the above submissions and in view of the fact that this Court has already taken a view in Crl.P.No.564 of 2018 in respect of A-7 in the crime by directing to follow the procedure contemplated under Section 41-A Cr.P.C., this court is also of the view that similar relief can be granted to this petitioner/A8 directing the investigating agency to follow the ratio in Arnesh Kumar v.State Of Bihar & Another1.
7. On consideration of the submissions, this court is not inclined to quash the proceedings against the petitioner /A-8. However, the Station House Officer, Chinturu Police Station, East Godavari District, is hereby directed to issue notice under Section 41-A Cr.P.C. to the petitioner before arresting him in accordance with law.
9. With these observations, the criminal petition is dismissed.
Miscellaneous petitions pending if any, shall stand closed.
____________________________ JUSTICE G.SHYAM PRASAD 03.02.2020 Mjl/* 1 . (2014) 8 SCC 273 3 HON'BLE SRI JUSTICE G.SHYAM PRASAD CRIMINAL PETITION No. 139 of 2020 (disposed of) 03.02.2020 Mjl/*