Dismissed

Mr Pavuluri Siva Prasad v. The State of Andhra Pradesh

Andhra Pradesh HC1 Dec 2020CRLP/5537/2020

Case brief

AI extract

What is this about?

The single judge dismissed the criminal petition under Section 482 Cr.P.C. seeking quashing of the FIR, holding no grounds for interference as allegations prima facie constitute offences. However, the court directed the Investigating Officer to follow Section 41-A Cr.P.C. due to the offence carrying less than seven years imprisonment.

What did the court decide?

Criminal Petition dismissed; direction to Investigating Officer to follow Section 41-A Cr.P.C.

Mr Pavuluri Siva Prasad Vs The State of… — Criminal Trial and Appeal | Andhra Pradesh HC (2020)

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THE HON’BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY CRIMINAL PETITION No.5537 OF 2020

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ORDER:-

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This petition is filed under Section 482 of the Code of Criminal Procedure, 1973, seeking quash of F.I.R in Crime No.104 of 2020 of Tadivaripalli Police Station, Prakasam District.

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Heard learned counsel for the petitioner and the learned Additional Public Prosecutor.

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On a report lodged by the 2^nd respondent, who is the de facto complainant, a case in Crime No.104 of 2020 was registered by Tadivaripalli police against the petitioner for the offences punishable under Sections 457, 380 r/w 511 IPC and under Section 3 of the Prevention of Damage to Public Property Act, 1984 (for short “PDPP Act”). The said case is now under investigation.

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Having regard to the specific allegations ascribed against the petitioner, which prima facie constitute the offences punishable under aforesaid sections of law, this Court is of the considered view that there are absolutely no valid legal grounds warranting interference of this Court either to quash the F.I.R or to interdict the investigation. The truth or otherwise of the allegations are to be ascertained during the course of investigation.

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In the result, the Criminal Petition is dismissed. However, as the offences registered against the petitioner are punishable with less than seven (07) years period of imprisonment, the Investigating Officer is directed to follow the procedure contemplated under Section 41-A Cr.P.C and the guidelines

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prescribed by the Apex Court in Arnesh Kumar v. State of Bihar

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and another¹ case.

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Miscellaneous Petitions, if any pending, in this Criminal Petition, shall stand closed.

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____________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY

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Date: 01-12-2020 AKN

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