Andhra Pradesh High Court - Amravati
K V Sivappa vs State Of Ap on 6 December, 2019
THE HON'BLE SRI JUSTICE D.V.S.S.SOMAYAJULU
CRIMINAL PETITION No.7493 of 2019
ORDER:
1. This Criminal Petition is filed by the petitioners/ Accused Nos.1 to 3 under section 482 of the Code of Criminal Procedure to quash the proceedings against the petitioners, in FIR No.98 of 2019 on the file of the Ramakuppam Police Station, Chittoor District. The alleged offences against the petitioners are under sections 323, 341, 354 (b), 506 r/w 34 of IPC.
2. Heard Sri K.V.L.Narasimha Rao, learned counsel for the petitioners and the learned Public Prosecutor appearing for the 1st respondent / State.
3. Learned counsel for the petitioners initially tried to argue and convince this Court that no offence is made out and that reading of the report did not disclose at any offence is committed.
4. On the other hand, the learned Public Prosecutor states that this is not the stage to quash the proceedings as FIR was registered only on 07.10.2019 and this matter requires further investigation, therefore, police should be allowed to investigate.
5. After hearing both the counsels, this Court is of the opinion that police should be allowed to continue their investigation. However, they are directed to follow scrupulously the procedure laid under Section 41-A of Criminal Procedure Code,1973 along with guidelines issued by the Honourable Supreme Court of India reported in Arnesh Kumar vs. State of Bihar and Another1 1 (2014) 8 SCC 273) 2 DVSS,J Crl.P.No.7493 of 2019
6. With these observations, the Criminal Petition is disposed of.
As a sequel, miscellaneous petitions, if any, pending in this Criminal petition shall stand closed.
_________________________ D.V.S.S.SOMAYAJULU,J 06.12.2019 sdp 3 DVSS,J Crl.P.No.7493 of 2019 HON'BLE SRI JUSTICE D.V.S.S.SOMAYAJULU CRIMINAL PETITION No.7493 of 2019 06.12.2019 sdp