K Maruthi Varun vs. The State Of Andra Prasad
AI Summary
Get an AI-powered analysis of this court order
Order Issued After Hearing
Purpose:
For Admission
Before:
Hon'ble K Sreenivasa Reddy
Listed On:
6 Sept 2024
Original Order Copy
Get a certified copy of this order
Order Text
APHC010380402024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)
[3327]
FRIDAY, THE SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY
CRIMINAL PETITION NO.6112 OF 2024
Between:
Kadhiri Maruthi Varun ...PETITIONER/ACCUSED
AND
The State of Andhra Pradesh and another ...RESPONDENT/COMPLAINANT(S)
Counsel for the Petitioner/accused: 1.J KUSUMAVATHI
Counsel for the Respondent/complainant(S):
1.PUBLIC PROSECUTOR
The Court made the following ORDER:
This Criminal Petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of the petitioner/A1, to quash the proceedings in Crime No.212 of 2024 of Bobbili Town Police Station, Vizianagaram district, registered for the offences punishable under Section 85 of the Bharatiya Nyaya Sanhita, 2023 and Sections 3 and 4 of the Dowry Prohibition Act.
-
Learned counsel for the petitioner, after arguing for some time, has confined his argument to the extent of protecting the petitioner herein from the coercive action by the police on the ground that the offences alleged are punishable with imprisonment of less than seven years and prays this Court to direct the police to follow the procedure as contemplated under Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
-
On the other hand, learned Assistant Public Prosecutor did not oppose the same and concurred with the submission made by the learned counsel for the petitioner for the reason that the offences alleged are punishable with imprisonment of less than seven years.
-
Heard. Perused the material on record.
-
Since the offences alleged are punishable with imprisonment of less than seven years, this Court directs the police to follow the procedure as contemplated under Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023, scrupulously, as per the guidelines enunciated in Arnesh Kumar Vs. State of Bihar and another<sup>1</sup> .
-
With the above directions, the Criminal Petition is disposed of.
<sup>1</sup> (2014) 8 SCC 273
- As a sequel thereto, the miscellaneous petitions, if any, pending in this Criminal Petition, shall stand closed.
________________________ K. SREENIVASA REDDY, J.
Date:06.09.2024 Nsr
HON'BLE SRI JUSTICE K. SREENIVASA REDDY
Criminal Petition No.6112 of 2024
Date:06.09.2024
Nsr