Andhra Pradesh High Court

CRLP/5772/2019 of B.NAGARAJA NAIDU Vs THE STATE OF ANDHRA PRADESH on 31 December 2019

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SRI JUSTICE C.PRAVEEN KUMAR CRIMINAL PETITION No.5772 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.9 of 2019 on the file of the Station House Officer, Sri City Hi-Tech

THE HON’BLE SRI JUSTICE C.PRAVEEN KUMAR

CRIMINAL PETITION No.5772 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.9 of 2019 on the file of the Station House Officer, Sri City Hi-Tech Police station, Chittoor District for the offences punishable under sections 420, 468 and 471 of 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 mainly submits that without following the procedure prescribed under 41-A of Cr.P.C, the respondent police are trying to arrest the petitioner.

4. Learned Public Prosecutor would submit that since the maximum imprisonment that can be awarded for the alleged offence are less than seven years, the police would definitely follow the procedure prescribed under law.

5. Having regard to the above, the present Criminal petition is disposed of directing the respondent/police to scrupulously follow the procedure prescribed under 41-A of Cr.P.C, as the offences alleged in the FIR, as on today, are punishable with imprisonment of less than seven years.

As a sequel, miscellaneous petitions, if any, pending in this Criminal petition shall stand closed.

______________________________

SRI C.PRAVEEN KUMAR,J Date: 31.12.2019 Note: Issue CC today B/o MP

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