Andhra Pradesh High Court
CRLP/5473/2019 of Gogineni Venkata Naresh Kumar Vs The State of Andhra Pradesh on 31 December 2019
SRI JUSTICE C.PRAVEEN KUMAR CRIMINAL PETITION No.5473 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.138 of 2019 of Santhanuthalapadu police station, Prakasam District
THE HON’BLE SRI JUSTICE C.PRAVEEN KUMAR
CRIMINAL PETITION No.5473 of 2019
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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.138 of 2019 of Santhanuthalapadu police station, Prakasam District against the petitioner, registered for the offence punishable under Section 384 of Indian Penal Code, 1860 ( for short ‘IPC’).
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 seeks direction to the respondent police to scrupulously follow the procedure contemplated under Section 41-A of Criminal Procedure Code, 1973. The learned Additional Public Prosecutor does not seriously oppose the same.
4. Since the imprisonment for the offence punishable under Section 384 of IPC is three(3) years, the concerned police are directed to scrupulously follow the procedure contemplated under section 41-A of Cr.P.C and the guidelines in the case of Arnesh Kumar Vs State of Bihar[1].
5. With the above observation, 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
1 (2014) 8 Supreme Court Cases 273