Disposed

Repalle Ramesh Babu v. the State of Andhra Pradesh

Andhra Pradesh HC6 Mar 2024CRLP/185/2024

Case brief

AI extract

What is this about?

Petition under Section 482 Cr.P.C. sought quashing of an FIR including SC/ST Act offences. Counsel confined the plea to protection from arrest; the court directed police to scrupulously follow Section 41-A Cr.P.C. per Arnesh Kumar and disposed of the petition.

What did the court decide?

Police directed to follow Section 41-A Cr.P.C. procedure as per Arnesh Kumar guidelines; petition disposed, miscellaneous petitions closed.

Repalle Ramesh Babu Vs the State of Andhra Pradesh — Quashing and FIR | Andhra Pradesh HC (2024)

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/ V

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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THURSDAY ,THE SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY

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CRIMINAL PETITION NO: 185 OF 7094

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Between:

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Repalle Ramesh Babu, S/o. R.Ramudu, Age 38 years, Hindu, Occ: Business, R/o. D.No.258, Gadwal (Rural), Mahabubnagar District, A P (shown in FIR as Repalli Ramesh)

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...Petitioner/Accused No.1

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AND

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The State of Andhra Pradesh, Rep by Sub-Inspector of Police, Kurnool III Town, Kurnool District Rep by Public Prosecutor, High Court of Andhra Pradesh, Amaravathi.

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...Respondent/Complainant

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Saggila Ranga Swamy, S/o. Venkata Ramana, Age 28 years, Cristian, Occ;- Painter, R/o. H.No. 86/35, Housing Board Colony, B-Camp, Kurnool, Kurnool District, A.P,

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...Respondent No.2/De-facto Complainant

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Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition the High Court may be pleased to call for the records relating to and in connection with F.I.R.No. 2 of 2024 dated 02-01-2024 on the file of Kurnool III Town Police Station, Kurnool District registered for the offences punishable under section 324 r/w 34 of IPC 3(l)(r),3(l)(s),3(2)(va) SC&ST PDA ACT and quash the same against the petitioner herein/Accused No.1.

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I.A. NO: 1 OF 2024

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Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant stay of all further proceedings including arrest of the petitioner herein/Accused No.1 in F.I.R.No.2 of 2024 -dated 02-01-2024 on the file of Kurnool III Town Police Station Kurnool District, Andhra Pradesh pending disposal of the main Criminal Petition.

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This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri V Nitesh, Advocate for the Petitioner and the Public Prosecutor onl.. behalf of the Respondent No.1 and none appeared for the Respondent^No.2

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The Court made the following;

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)

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THURDAY, THE SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FOUR

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THE HON’BLE SRI JUSTICE K. SREENIVASA REDDY

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CRIMINAL PETITION N0.185 OF 2024

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Between: -

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•••Petitioner(s)/Accused(s)Petitioner(s)/Accused(s)

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•••Petitioner(s)/Accused(s)Petitioner(s)/Accused(s) Repalle Ramesh Babu AND The State of Andhra Pradesh & Other •••Respondent(s)/Coniplainant(s)

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The Court made the following Order:

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This Criminal Petition, under Section 482 Cr.P.C.,^hasbeen filed on behalf of the petitioner/accused No.l herein^toquashthe proceedings in Crime No.2 of 2024 of Kumool III Town Police Station, Kumool, registered for the offences punishable under Sections 324 read with 34 of I.P.C and 3(l)(r), 3(l)(s),^3(2)(va)of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989.

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Learned counsel for the petitioner, after arguing for some time, has confined his argument to the extent of protecting the petitioner herein from 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 41-A of Cr.P.C.

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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.

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Heard. Perused the material on record.

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Since the offences alleged are punishable with imprisonment

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of less than seven years, this Court directs the police to follow the procedure as contemplated under Section 41-A of Cr.P.C. scrupulously as per the guidelines enunciated in Amesh Kumar Vs. State of Bihar and another^

(2014) 8 see 273