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Janam Nagaraju v. The State of Andhra Pradesh

Andhra Pradesh HC17 Mar 2021CRLP/1546/2021

Case brief

AI extract

What is this about?

The High Court disposed of the anticipatory bail petition filed by the accused in a cheating case. Without adjudicating merits due to the low maximum penalty of seven years, the court directed police to follow Section 41-A and Arnesh Kumar guidelines prior to arrest.

What did the court decide?

The impugned order was disposed of; Police directed to follow Section 41-A Cr.P.C. and Arnesh Kumar guidelines before arrest.

Janam Nagaraju Vs The State of Andhra Pradesh — Cheating and Forgery | Andhra Pradesh HC (2021)

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THE HON’BLE SMT. JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION NO.1546 OF 2021

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ORDER:-

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This petition is filed under Section 438 of the Code of Criminal Procedure, 1973 (for short “Cr.P.C.”) seeking pre-arrest bail to the petitioner/accused in the event of his arrest in connection with Crime No. 06 of 2021 of Rayachoty U/G Police Station, Y.S.R. Kadapa District registered for the offence punishable under Section 420 of the Indian Penal Code, 1860.

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The case of prosecution is that a report was lodged alleging that in the year, 2016 the petitioner approached the complainant and offered to sell agricultural land in Pemmadavandlapalli village for which the petitioner received Rs.8,50,000/- from the complainant. The petitioner has also executed registered sale deed in respect of Ac.2-48 cents of land in survey No.244/7. Subsequently on coming to know that the petitioner has no right over the said land the complainant asked him to repay the amount given by him but he failed to repay the same. Basing on the said report, the present crime is registered.

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Heard Sri Mahadeva Kanthrigala, learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent-State.

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Learned counsel for the petitioner submits that the petitioner is innocent and he has not committed any offence as alleged.

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However, without going into the merits of the case as the punishment for the alleged offence is up to seven years, the Police are directed to follow the procedure contemplated under Section

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41-A Cr.P.C, and the guidelines issued by the Apex Court in

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Arnesh Kumar v. State of Bihar¹ .

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Accordingly, this Criminal Petition is disposed of.

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Consequently, miscellaneous applications pending, if any, shall

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stand closed.

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___________________________ LALITHA KANNEGANTI, J Date :17.03.2021 IKN

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1 (2014) 8 SCC 273

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THE HON’BLE SMT. JUSTICE LALITHA KANNEGANTI

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(Disposed of)

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CRIMINAL PETITION No.1546 of 2021

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17.03.2021

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IKN

Janam Nagaraju v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Janam Nagaraju v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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