Disposed

Nagam Shiva Shankar Rao v. the State of Andhra Pradesh

Andhra Pradesh HC25 Feb 2024CRLP/772/2024

Case brief

AI extract

What is this about?

In this anticipatory bail petition under Section 438 CrPC, the court referred to the guidelines in Arnesh Kumar (2014) and directed the police to strictly follow the procedure under Section 41A CrPC since the alleged offence carries a penalty of less than seven years imprisonment. The petition was disposed of without granting substantive bail.

What did the court decide?

Directed police to follow Section 41A CrPC procedure; petition disposed.

Nagam Shiva Shankar Rao Vs the State of Andhra… — Anticipatory Bail | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI

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MONDAY, THE TWENTY SIXTH DAY OF FEBRUARY 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: 772 OF 2024

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Between:

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Nagam Shiva Shankar Rao, S/o. Radha Krishna Murthy, Aged about 56 years, R/o. H.No.7-10, Raavichettu Center, Kattevaram, Guntur^- 522202

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...Petitioner / Accused No.3

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AND

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The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh, Amaravati.

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...Respondent / Complainant

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Petition under Section 438of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the Hon'ble High Court may be pleased to grant the anticipatory bail to the petitioner/accused no.3 in Crime No.1 of 2024, dt. 07-01-2024 of Guntur RPF Post Police Station pending investigation, enquiry and trial.

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This Petition coming on for hearing, upon perusing^{theMemorandum} of Grounds of Criminal Petition and upon hearing the arguments of Sri Rama Chandra Rao Gurram, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent.

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The Court made the following: ORDER

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\ \

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

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MONDAY ,THE TWENTY SIXTH DAY OF FEBRUARY 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: 772 OF 2024

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Between:

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NAGAM SHIVA SHANKAR RAO ■■■ PETITION ER/ACCUSED(S) AND

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THE STATE OF ANDHRA PRADESH ...RESPONDENT/COMPLAINANT(S)

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The Court made the following:

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The Criminal Petition, under Section 438 of the Code of Criminal Procedure, 1973, is filed seeking anticipatory bail by the petitioner herein/A3, in Crime No.l of 2024 of R.P.F.^Guntur. 2. Learned counsel for the petitioner, after arguing for^some time, has confined his argument to the extent of protecting the petitioner herein from the coercive action by police on the ground that the offence alleged is 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. 3. On the other hand, learned Assistant Public Prosecutor did not oppose the same and concurred with the submission made by

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'■■1\

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the learned counsel for the petitioner for the reason that the offence alleged is punishable with imprisonment of less than seven years.

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Heard. Perused the material on record.

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Since the offence alleged is 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

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i/s. State of Bihar and another^.

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With the above direction, the Criminal Petition is disposed of.

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As a sequel thereto, the miscellaneous petitions, if any,

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pending in this Criminal Petition, shall stand closed. T (2014) 8 see 273

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Sd/- K TATA RAO DEPUTY REGISTRAR

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//TRUE eOPY//

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SEeTION OFFieER

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To, 1. The Special Judge For Trial of Cases under SCs & STs (POA) Act, 1989 - CUM- IV Additional Sessions Judge, Guntur, Guntur District. 2. The Station House Officer, Guntur RPF Post Police Station,^{GunturDistrict.} 3. One CC to Sri. Rama Chandra Rao Gurram, Advocate [OPUC] 4. Two CC's to the Public Prosecutor, High Court of Andhra^Pradeshat Amaravati [OUT] 5. Three CD Copies SGM

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HIGH COURT

DATED: 26/02/2024

ORDER

CRLP.No.772 of 2024

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DISPOSING OF THE CRLP

Nagam Shiva Shankar Rao v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Nagam Shiva Shankar Rao 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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