N.Mahesh Babu vs. The State Of Andhra Pradesh
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Order Issued After Hearing
Purpose:
Disposed
Before:
Hon'ble Subba Reddy Satti
Listed On:
23 Jun 2022
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Order Text
HON'BLE SRI JUSTICE SUBBA REDDY SATTI
CRIMINAL PETITION NO. 4096 OF 2022
ORDER:-
This petition under Section 438 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") is filed by the petitioner/A1 to A5 for grant of anticipatory bail in the event of their arrest in connection with unregistered crime of Urban Police Station-II, Hindupuram, Ananthapur District.
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The case of the petitioners is that a complaint was lodged before the above Police Station by wife of petitioner No.1 alleging that subsequent to her marriage with petitioner No.1 the petitioners started harassing her by demanding additional dowry. The present application is filed with an apprehension that Police may register crime.
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Heard Velagani Narasimhulu, learned counsel for the petitioners and Sri Soora Venkata Sainath, learned Special Assistant Public Prosecutor for the respondent-state.
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At the time of advancing arguments, learned counsel for the petitioners submits that the petitioners would be put to trouble if Police register crime basing on the complaint. Though this application is filed for grant of pre-arrest bail, learned counsel confined his request to direct Police to follow the procedure contemplated under Section 41-A of Cr.P.C. and the guidelines prescribed by the Hon'ble Apex Court in Arnesh Kumar v. State of Bihar and another<sup>1</sup>
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On the other, learned Special Assistant Public Prosecutor submits that as of now Police did not register crime against the petitioners and it is in pre-mature stage. Hence, he prays to dismiss the petition.
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A copy of the complaint lodged by Smt. A. Sameera Krishna before Station House Officer, Hindupuram Urban Police Station II is filed at page Nos.6 to 8 and Police are yet to act upon the said application. The bail petition under Section 438 of Cr.P.C. is filed with an apprehension that Police may register crime and arrest the petitioners.
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Since the petition is filed at pre-mature stage, this Court is not inclined to pass any orders in unregistered crime. Hence, the same is liable to be dismissed.
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Accordingly, this Criminal Petition is dismissed.
Consequently, miscellaneous applications pending, if any, shall stand closed.
________________________________ JUSTICE SUBBA REDDY SATTI
Date :23.06.2022 IKN
1 (2014) 8 SCC 273 HON'BLE SRI JUSTICE SUBBA REDDY SATTI
Dismissed
CRIMINAL PETITION No.4096 OF 2022
23.06.2022
IKN