Kanupuru Mohan Reddy vs. The State Of Andhra Pradesh

Final Order
Court:High Court of Andhra Pradesh
Judge:Hon'ble K Sreenivasa Reddy
Case Status:Disposed
Order Date:7 Aug 2023
CNR:APHC010382282023

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:

7 Aug 2023

Original Order Copy

Get a certified copy of this order

Download True Copy

Order Text

HON'BLE SRI JUSTICE K. SREENIVASA REDDY

Criminal Petition No.5681 of 2023

Order:

This Criminal Petition, under Section 482 Cr.P.C., has been filed on behalf of the petitioners herein/A2 and A3, to quash proceedings in Crime No.204 of 2023 of Vedayapalem Police Station, SPSR Nellore district, registered for the offences punishable under Sections 420, 468, 471 read with 34 IPC.

  1. Learned counsel for the petitioners, after arguing for some time, has confined his argument to the extent of protecting the petitioners 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 41A of Cr.P.C.

  2. 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 petitioners for the reason that the offences alleged are punishable with imprisonment of less than seven years.

  3. Heard. Perused the material on record.

  4. 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 41A of Cr.P.C. 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. 6.

$7.$ As a sequel thereto, the miscellaneous petitions, if any, pending in this Criminal Petition, shall stand closed.

K. SREENIVASA REDDY, J.

Date: 07.08.2023 Nsr

<sup>&</sup>lt;sup>1</sup> (2014) 8 SCC 273

HON'BLE SRI JUSTICE K. SREENIVASA REDDY

Criminal Petition No.5681 of 2023

Date:07.08.2023

Nsr