Disposed

M. Malli at M. Mallikarjuna, v. The State of Andhra Pradesh

Andhra Pradesh HC26 Mar 2024CRLP/603/2024

Case brief

AI extract

What is this about?

High Court directed police to follow Section 41A Cr.P.C. procedures for arrest of accused in a FIR regarding offences punishable with imprisonment of less than seven years, relying on Arnesh Kumar guidelines.

What did the court decide?

Directed the police to follow the procedure as contemplated under Section 41A of Cr.P.C. scrupulously; Criminal Petition disposed of.

M. Malli at M. Mallikarjuna, Vs The State… — Criminal Trial and Appeal | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH :::: AMARAVATI WEDNESDAY, THE TWENTY SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FOUR

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PRESENT

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the HON’BLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO: 603 OF 9noyi

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Between:

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1- M. Malli @ M. Mallikarjuna, S/o late M. Thikkaiah, aged 32 yrs.

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Agriculturist, coolie.

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L.Manmada, S/o Rami Reddy, aged 28 yrs. Driver

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Thikkaiah @ N. Thikkaiah S/o late N. Pakkiraiah, aged 46 yrs.

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Agriculturist,

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Harischandra @ Sreeharischandra, S/o late C. Ramanna, aged

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50 yrs. Washerman,

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Suresh @ N. Suresh, S/o late N. Veera Reddy, aged 27 yrs.

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Agriculturist,

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M.Sreeramulu, S/o M. Musalaiah, aged 26 yrs. Agriculturist,

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coolie,

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Thimma Reddy @ C. Thimma Reddy, S/o Muthaiah, aged 20 yrs.

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Agriculturist, coolie.

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Ramanji @ L Ramanjam, S/o L Hanumanthu aged 28 yrs.

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Agriculturist, coolie,

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Anjinaiah @ L Anjaneya, S/o Sannaiah aged 25 years.

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Agriculturist, coolie,

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lO.S.Mukaiah @ @ S. Mukaiah, S/o S.

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lO.S.Mukaiah @ @ S. Mukaiah, S/o S. Nadipi Tayanna, aged 26 years.

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1. M. Venkatesh, S/o M. Pampa Reddy, aged 24 yrs. Agriculturist

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coolie.

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12 C. Dharmaraju, S/o Bheemanna, Aged 25 yrs, agriculturist.

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coolie.

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13.N.K. Gopal, S/o N.K. Kotaiah Aged 50 yrs, agriculturist, coolie.

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14.Boya Kistamma @ Lanka Boya Kistamma, W/o Boya Ramanjaneyulu @ lanka Ramanjaneyulu, aged 38 years, Agriculturist

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15.Boya Ramanjaneyulu @ Lanka Ramanjaneyulu, S/o Rami Reddy, aged 40 years. Agriculturist.

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(All the above petitioners are the residents of Vandagallu Village, Kosigi Mandal, Kurnool District)

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...PETITIONER/ACCUSED(S)

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AND

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The State of Andhra Pradesh, Represented by its Public Prosecutor High Court of A.R Amaravathi.

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Respondent No.1

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The Sub Inspector of Police, Kosigi RS. Kosigi Mandal,Mantralayam Taluk Kurnool District

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The Sub Divisional Police Officer, Yemmiganur Town^and Mandal, Yemmiganur Taluk, Kurnool District

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G. Thippanna, S/o G. Muniswamy, Aged 39 years. Police Constable, Kosigi PS., Kosigi Village and Mandal, Mantralayam Taluk, Kurnool

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U. Chennaiah, S/o U. Chennaiah Aged 26 yrs, working^asP.E.T. teacher ZPH school, Vandagallu Village, Kosigi Mandal, Mantralayam Taluk, Kurnool District (Accused in Cr.No. 165/2023)

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...RESPONDENTS 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 Quash the F.I.R. No. 166/2023 of Kosigi P.S, on the file of the Hon'ble Special Sessions Court (SC / ST POA Act), Kurnool, against the petitioners /Accused Nos.I to 15.

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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^ofallfurther proceedings including appearance of the petitioners/Accused 1 to 15 on the file of the trial of the Special Sessions Court (SC / ST POA Act), Kumool, 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 NANDANPATI MUWA KRISHNAMOHAN ,Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1 to 3 and none appeared for the Respondent^Nos.4 and 5.

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The Court made the following:

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

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WEDNESDAY, THE TWENTY 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:603 OF 2024

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Between:

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M.Malli @ M.Mallikarjuna, S/o. late M.Thikkaiah, 32 years, Agriculturist, Coolie, R/o. Vandagallu village, Kosigi Mandal, Kurnool District and fourteen (14) others.

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... Petitioners/Accused

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And

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The State of Andhra Pradesh, represented by its Public Prosecutor, High Court of Andhra Pradesh, Amaravathi.

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The Sub-Inspector of Police, Kosigi PS, Kosigi Mandal, Mantralayam Taluk, Kurnool District.

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The Sub Divisional Police Officer, Yemmiganur Town and Mandal, Yemmiganur Taluk, Kurnool District.

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G.Thippanna, S/o. G.Muniswamy, 39 years. Police Constable, Kosigi PS, Kosigi village and Mandal, MantralayamTaluk, Kurnool District.

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U.Chennaiah, S/o. U.Chennaiah, 26 years, working as P.E.T. teacher, ZPH School, Vandagallu village, Kosigi Mandal, Mantralayam Taluk, Kurnool District (Accused in Crime No.l65 of 2023)

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... Respondents

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The Court made the following:

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ORDER

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The Criminal Petition, under Section 482 Cr.P.C., has been filed on behalf of the petitioners herein/Al to A15 to quash the FIR No. 166 of 2023 of Kosigi Police Station, Kosigi Mandal, Kurnool District, registered for the offences punishable under Sections 341 and 353 read with 34 IPC.

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Learned counsel for the petitioners herein/Al to A15, after arguing for some time, has confined his argument to the extent of protecting the petitioners herein/Al to A15 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.

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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 petitioners for the reason that the offences alleged are punishable with imprisonment of less than seven years. 4. Heard. Perused the material on record. 5. 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

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as per the guidelines enunciated in Arnesh Kumar Vs. State of

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Bihar and another^.

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With the above directions, the Criminal Petition is disposed of. 7. As a sequel thereto, the miscellaneous petitions, if any, pending in this Criminal Petition, shall stand closed.

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SD/- V. SAVITHRI GOWRI ASSISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,

The Special Sessions Court(SC/ST POA Act), Kurnool,^Kurnool District.

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The Sub Inspector of Police, Kosigi Police Station,^Kurnool District.

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The Sub Divisional Police Officer, Yemmiganur Town^and

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Mandal, Yemmiganur Taluk, Kurnool District.

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One CC to SRI. NANDANPATI MUWA

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KRISHNAMOHAN Advocate [OPUC]

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Two CCS to PUBLIC PROSECUTOR, High Court of Andhra Pradesh[OUT]

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Three C.D.Copies

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(2014) 8 see 273

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high court SRK,J DATED;27/03/2024

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ORDER ^HLP.No.603 of 2024

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disposing of the CRIMINAL PETITION

M. Malli at M. Mallikarjuna, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

M. Malli at M. Mallikarjuna, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

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