Andhra Pradesh High Court
CRLP/5771/2019 of KHAJA MOHAMMED AYUB Vs THE STATE OF ANDHRA PRADESH on 31 December 2019
SRI JUSTICE C.PRAVEEN KUMAR CRIMINAL PETITION No.5771 of 2019 ORDER: 1. This Criminal Petition came to be filed under section 482 of the Code of Criminal Procedure, 1973 seeking to quash the investigation in Cr.No.81 of 2019 before the Cumbum police Station, Cumbum against the
THE HON’BLE SRI JUSTICE C.PRAVEEN KUMAR
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ORDER:
CRIMINAL PETITION No.5771 of 2019
1. This Criminal Petition came to be filed under section 482 of the Code of Criminal Procedure, 1973 seeking to quash the investigation in Cr.No.81 of 2019 before the Cumbum police Station, Cumbum against the petitioner for the offences punishable under sections 403, 409 and 420 of Indian Penal Code. 2. Heard learned counsel for the petitioner and the learned Public Prosecutor appearing for the 1[st] respondent/State.
3. Though various grounds are raised, learned counsel for petitioner would submit that since A1 is already granted anticipatory bail by this Court, the respondent police may be directed to follow the procedure contemplated under section 41-A of Cr.P.C.
4. It is to be noted here that the petitioner along with others were charged for the offence punishable under section 409 of IPC, for which the maximum punishment is upto Ten years. Therefore, the question of invoking section 41-A of Cr.P.C would not arise.
5. Having regard to the facts and circumstances of the case and in view of the representation made by the learned counsel for petitioner that A1 was granted anticipatory bail, the petitioner is at liberty to avail the same, if permissible under law.
6. Accordingly, the Criminal Petition is disposed of.
As a sequel, miscellaneous petitions, if any, pending in this Criminal petition shall stand closed.
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SRI C.PRAVEEN KUMAR,J
Date: 31.12.2019
MP