T V Ashok Kumar vs. State Of Andhra Pradesh
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Order Issued After Hearing
Purpose:
Disposed
Before:
Hon'ble T Mallikarjuna Rao
Listed On:
22 Apr 2024
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Order Text
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)
[3369]
MONDAY,THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FOUR
PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO
CRIMINAL PETITION NO: 2303/2024
Between:
T V Ashok Kumar S/o Velu, aged 40 years, R/o No.100, Main road, Tharatchi village, Uthukottai Taluk and Thiruvallue District, Tamil Nadu.
...PETITIONER/ACCUSED
AND
State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT
Counsel for the Petitioner/accused:
1.MUCHAKAYALA NARAYANA
Counsel for the Respondent/complainant:
1.PUBLIC PROSECUTOR (AP)
The Court made the following Order :
This Criminal Petition is filed seeking anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 ('CrPC') to petitioner/Accused in Crime No.4 of 2024 of Varadiahapelm Police Station, Tiurpati District, registered for the offences under Section 448, 380, 427, 406 of Indian Penal Code (for short 'IPC').
- Learned counsel for the petitioner contends that the offences alleged against the petitioner in the complaint are Section 448 and 380 of IPC and it
seems that Section 427 of IPC is struck off, whereas the FIR registered against the petitioner/accused are that Sections 448, 380, 427, 406 of IPC which are punishable with imprisonment of seven year or less than seven years and the petitioner is entitled for the benefits of notice Section 41-A Cr.P.C. and Arnesh Kumar v. State of Bihar<sup>1</sup> .
-
Learned Assistant Public Prosecutor has not opposed to give notice under Section 41-A of Cr.P.C. to the petitioner.
-
In the said facts of the case, this Court deems it appropriate to dispose of this criminal petition with a direction to the police authorities to scrupulously follow the procedure prescribed under Section 41-A Cr.P.C. and also the guidelines laid down by the Hon'ble Supreme Court in Arnesh Kumar's case cited supra.
-
With the above direction, this criminal petition is disposed of.
Pending miscellaneous applications, if any, shall stand closed.
____________________________ JUSTICE T.MALLIKARJUNA RAO
Date : 22-04-2024 SAB
1 (2014)8 SCC 273