Andhra Pradesh High Court

WP/15253/2019 of Pala Azad Bhagath Singh AT P.A.B.Singh, Vs The State of Andhra Pradesh, on 31 December 2019

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SRI JUSTICE M. SATYANARAYANA MURTHY Writ Petition No.15253 of 2019 ORDER: 1. This writ petition under Article 226 of Constitution of India is filed, seeking direction against third respondent herein/Station House Officer, Vatsavai police station, Vatsavai, Krishna District to follow due

THE HON’BLE SRI JUSTICE M. SATYANARAYANA MURTHYWrit Petition No.15253 of 2019

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ORDER:

1. This writ petition under Article 226 of Constitution of India is filed, seeking direction against third respondent herein/Station House Officer, Vatsavai police station, Vatsavai, Krishna District to follow due process of law by issuing notice under Section 41-A of Criminal Procedure Code (for short Cr.P.C) and guidelines issued by Apex Court in Arnesh Kumar Vs. State of Bihar and another[1] in Crime No.193 of 2019 of Vatsavai police station, Vatsavai, Krishna District registered for the offences punishable under Sections 420, 409, 477-A and 120-b of Indian Penal Code (for short I.P.C).

2. It is the case of petitioners that they are arrayed as accused in Crime No.193 of 2019, third respondent registered a case against the petitioners, issued F.I.R in Crime No.193 of 2019 dated 12.07.2019. Second respondent herein/Superintendent of Police, Krishna District is bound to follow the procedure prescribed under Section 41-A of Cr.P.C and guidelines issued by Apex Court in Arnesh Kumar’s case(referred supra), third respondent is contemplating to arrest the petitioners, without following procedure. Therefore, petitioners seeks direction against third respondent to follow procedure under Section 41-A of Cr.P.C and guidelines issued by Apex Court in Arnesh Kumar’s case (referred supra).

3. During hearing, the learned counsel for petitioners reiterated the contentions, whereas learned Assistant Government Pleader for Home contended that after issuing notice under Section 41-A of 2 MSM, J

Cr.P.C, Section 41 (1)(b) is to be followed, therefore, necessary direction can be issued.

4. The petitioners are business persons, they allegedly committed offences punishable under Sections 420, 409, 477-A and 120-b of I.P.C, but their grievance is that third respondent is trying to arrest the petitioners, without following procedure prescribed under Section 41-A of Cr.P.C and guidelines issued by Apex Court in Arnesh Kumar’s case (referred supra). No doubt police are empowered to arrest the accused, without warrant, when a person commits any cognizable offence, or against whom a reasonable complaint has been made or credible information has been received, or a reasonable suspicion exists, of his having been so concerned committed cognizable offence punishable which may be less than 7 years or which may extend to 7 years, with or without fine, if the following conditions are satisfied, namely:

1. The police officer has reason to believe that the basis of such complaint, information or suspicion, that such person has committed the said offence; information or suspicion, that such person has committed the said offence;

2. The police officer satisfied that arrest is necessary, to prevent such person from committing any further offence; or from committing any further offence; or

3. To prevent such causing or tampering such evidence in such manner or to prevent such person to making any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade from disclosing such facts of the case to police officer and the police officer shall record, while making such arrest, his reasons in writing. But procedure under Section 41-A of Cr.P.C is bound to be complied by police officials, 3 MSM, J

before arrest of a person, who allegedly committed any offence punishable with imprisonment for less than 7 years.

5. In view of law declared by Apex Court referred supra, even after issue of notice under Section 41-A of Cr.P.C, when police officials did not satisfy with the explanation, police may follow procedure under Section 41 (1)(b) of Cr.P.C. Therefore, third respondent is directed to follow procedure under Section 41-A of Cr.P.C, if any reply is submitted by the accused and not satisfied with that, third respondent is bound to follow procedure under Section 41 (1)(b) of Cr.P.C.

6. With the above direction, the writ petition is disposed of. There shall be no order as to costs.

7. Consequently, miscellaneous petitions, pending if any, shall stand closed.

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JUSTICE M. SATYANARAYANA MURTHY

Dated 31.12.2019 Rvk

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