Andhra Pradesh High Court
CRLP/5912/2019 of Y KRISHNA REDDY Vs THE STATE OF AP on 31 December 2019
C.PRAVEEN KUMAR Criminal Petition No.5912 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 crime No.48 of 2019, on the file of the Ananthapur I Town Police Station, Ananthapuram
HON’BLE SRI JUSTICE C.PRAVEEN KUMAR
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ORDER :
Criminal Petition No.5912 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 crime No.48 of 2019, on the file of the Ananthapur I Town Police Station, Ananthapuram District, for the offences punishable under Sections 506 I.P.C. and Section 3(1)(r) S.Cs. & S.Ts. (PoA) Act.
2. Heard learned counsel for the petitioners and the learned Public Prosecutor appearing for the 1[st] respondent/State.
3. Though various grounds are raised, learned counsel for petitioners mainly submits that since the maximum imprisonment that can be awarded for the alleged offences are less than seven years, the respondent-Police may be directed to follow the procedure prescribed under Section 41-A of Cr.P.C.
4. Learned Public Prosecutor would submit that the Police will definitely follow the procedure prescribed under law before arresting the petitioners.
5. Having regard to the above, the present Criminal petition is disposed of directing the respondent – Police to scrupulously follow the procedure prescribed under Section 41-A of Cr.P.C., as the offences alleged in the F.I.R. as on today are punishable with imprisonment of less than seven years.
As a sequel thereto, Interlocutory Applications, if any, pending in this Criminal Petition, shall stand dismissed.
31.12.2019 skmr
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JUSTICE C. PRAVEEN KUMAR