N.Ramesh vs. The State Of Andhra Pradesh
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Order Issued After Hearing
Purpose:
Disposed
Before:
Hon'ble Kongara Vijaya Lakshmi
Listed On:
23 Oct 2019
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Order Text
HONOURABLE SMT JUSTICE KONGARA VIJAYA LAKSHMI
CRIMINAL PETITION No.6265 of 2019
ORDER:
This Criminal Petition, under Section 482 of Code of Criminal Procedure, 1973, is filed seeking to quash the proceedings in Crime No. 110 of 2019 on the file of Kodavalur Police Station, SPSR Nellore District, registered for the offences punishable under Section 379 IPC and Section 21(IV) of Mines and Minerals (Regulation & Development) Act, 1957.
Though various grounds are raised, learned counsel for the petitioner would request this Court to issue appropriate directions to the police to strictly follow the procedure laid down under Section 41-A of Cr.P.C.
Acceding the request of the learned counsel for the petitioner, without touching the merits of the case, the Criminal Petition is disposed of, directing the police to scrupulously follow the procedure laid down under Section 41-A of Code of Criminal Procedure and also the guidelines prescribed by the Supreme Court in Arnesh Kumar v. State of Bihar1, if the accused is not already arrested. As a sequel, miscellaneous petitions pending, if any, shall stand closed.
__________________________________ KONGARA VIJAYA LAKSHMI, J
Date:23.10.2019 usd
<sup>1</sup> (2014) 8 SCC 273