Andhra Pradesh High Court
CRLP/5863/2019 of K.RAJA Vs State of Andhra Pradesh on 31 December 2019
SRI JUSTICE C.PRAVEEN KUMAR CRIMINAL PETITION No.5863 of 2019 ORDER:- This Criminal Petition is filed by the petitioners/ A -1 to A -3 under Section 482 of the Criminal Procedure Code, 1973 to quash the proceedings in Crime No.180 of 2019 on the file of Naidupet Police Station, S.P.S.R.
THE HONOURABLE SRI JUSTICE C.PRAVEEN KUMARCRIMINAL PETITION No.5863 of 2019
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ORDER:-
This Criminal Petition is filed by the petitioners/A-1 to A-3 under Section 482 of the Criminal Procedure Code, 1973 to quash the proceedings in Crime No.180 of 2019 on the file of Naidupet Police Station, S.P.S.R. Nellore District, registered for the offences punishable under Sections 420 and 506 I.P.C. and Sections 3(1)(r) and 3(1)(s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
2. Though various grounds are raised, learned counsel for the petitioners submits that 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[1]”.
3. Learned Public Prosecutor appearing for the State would submit that though the case was registered for the offences under special enactment, there is no bar for invoking Section 41-A Cr.P.C.
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 petitioners are not yet arrested or if they have 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.5863 of 2019
AMD
Date : 31.12.2019