Andhra Pradesh High Court
CRLP/6065/2019 of RAVI KUMAR Vs STATE OF AP on 31 December 2019
SRI JUSTICE C.PRAVEEN KUMAR CRIMINAL PETITION No.6065 of 2019 ORDER:- This Criminal Petition is filed by the petitioner/ A -1 under Section 482 of the Criminal Procedure Code, 1973 to direct the respondent police to follow the procedure prescribed under Section 41- A Cr.P.C. and the
THE HONOURABLE SRI JUSTICE C.PRAVEEN KUMARCRIMINAL PETITION No.6065 of 2019
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ORDER:-
This Criminal Petition is filed by the petitioner/A-1 under Section 482 of the Criminal Procedure Code, 1973 to direct the respondent police to follow the procedure prescribed under Section 41-A Cr.P.C. and the guidelines formulated by the Apex Court in “Arnesh Kumar v. State of Bihar and another[1]”in Crime No.120 of 2018 on the file of Atmakur Police Station, Kurnool, Kurnool District, registered for the offence punishable under Section 420 read with 34 I.P.C.
2. Though various grounds are raised, learned counsel for the petitioner submits that as the offence alleged is punishable with imprisonment of seven years and less, the respondent police may be directed to follow the procedure laid down under Section 41-A Cr.P.C and guidelines formulated by the Apex Court in “Arnesh Kumar v. State of Bihar and another”.
3. The same is not seriously disputed by the learned Public Prosecutor appearing for the State as the offence alleged is punishable with imprisonment of seven years and less.
4. Having regarding to the above, without touching the merits of the case, the respondent police are directed to follow the provisions of Section 41-A Cr.P.C. if they have not already issued a notice under Section 41-A Cr.P.C. It is made clear that if the petitioner is not yet arrested or if he has not obtained regular bail or anticipatory bail till today, the respondent police shall scrupulously follow Section 41-A Cr.P.C.
5. With the above direction, the Criminal Petition is disposed of. Miscellaneous petitions pending, if any, in this Criminal Petition shall stand closed.
_______________________________
JUSTICE C.PRAVEEN KUMAR
Date : 31.12.2019
AMD
THE HONOURABLE SRI JUSTICE C.PRAVEEN KUMAR
CRIMINAL PETITION No.6065 of 2019
AMD
Date : 31.12.2019