Disposed

Boreddy Eswara Reddy v. the State of Andhra Pradesh

Andhra Pradesh HC6 Mar 2024CRLP/966/2024

Case brief

AI extract

What is this about?

During hearing of a petition under Section 482 Cr.P.C. to quash FIR proceedings for offences punishable with less than seven years, the Court directed the police to strictly follow Section 41-A of Cr.P.C. as per Arnesh Kumar guidelines and disposed of the petition.

What did the court decide?

Petitioner directed to follow Section 41-A Cr.P.C.; Criminal Petition disposed of.

Boreddy Eswara Reddy Vs the State of Andhra… — Criminal Trial and Appeal | Andhra Pradesh HC (2024)

¶1

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARA^|p?f*|^^‘

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THURSDAY .THE SEVENTH DAY OF MARCH
ut
TWO THOUSAND AND TWENTY FOUR ,■50'
PRESENT lx:
V|

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THE HONOURABLE SRI JUSTICE K. SREENIVASA REDDY

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CRIMINAL PETITION NO: 9Rfi OF ?n?4

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Between:

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Boreddy Eswara Reddy. S/o Late Gangi Reddy, Aged about 53 years Occ; R/o Thonduru Village and Mandal, YSR Kadapa District,^A.

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...Petitioner/Accused No.1

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AND

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The State of Andhra Pradesh, Rep. by its Public Prosecutor at A.P. High Court, Through the Station House Officer. Thonduru police station YSR Kadapa District, A.P.

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...Respondent No.1

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YerramreddySravanthi, W/o Janardhan Reddy, Aged about 34 years. Occ; R/o Thonduru Village and Mandal, YSR Kadapa District,^A.P

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...Respondent No.2/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 all for the records relating and in connection with docket order dated 22-09-2023 in CFR No 531 of 2023 passed on the file of Learned Judicial First Class Magistrate, Pulivendia and also consequential FIR bearing No 109 of 2023 of Thonduru Police Station, Kadapa District and quash the same against the petitioner herein/Accused No.1

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I.A. NO: 1 OF 2n?4

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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

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including arrest of the petitioner herein in pursuance to the FIR bearing No 109 of 2023 of Thonduru Police Station, Kadapa District dt 16-10-2023.

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This Petition coming on for hearing, upon perusing^the Memorandum of Criminal Petition and upon hearing the arguments^ofSri V

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NK^sh, Advocate for the Petitioner and the Public Prosecutor on behalf of thie Respondent No.1 and None Appeared for the Respondent^No.2

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The Court made the following Order:

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

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(Special Original Jurisdiction)

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TPRJRDAY, 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 N0.966 OF 2024

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Between:

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Boreddy Eswara Reddy ...Petitioner(s)/Accused(s)

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AND

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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 to quash the proceedings in Crime No. 109 of 2023 of Thonduru Police Station, Kadapa District, registered for the offences punishable under Sections 420, 466 read with 34 of I.P.C read

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Learned counsel for the petitioner, after arguing for some time, has confined his argument to the extent of protecting^the

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petitioner herein from the police on the ground that^theoffences 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^lessthan seven years.

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Heard. Perused the material on record.

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Since the offences alleged are punishable with imprisonment of less than seven years, this Court directs the police^tofollowthe procedure as contemplated under Section 41-A of Cr.P.C. scrupulously as per the guidelines enunciated in Arnesh Kumar

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Vs. State ofBihar and another^

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With the above direction, the Criminal Petition is disposed of

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^ (2014) 8 see 273

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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.

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SD/- A VENUGOPALA RAO ASSISTANT REGISTRAR

//TRUE COPY//

To,

SECTION OFFICER

The Judicial First Class Magistrate: Pulivendia, YSR Kadapa District. 2. The Junior Civil Judge: Pulivendia, YSR Kadapa District.

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The Station House Officer, Thonduru Police Station, YSR Kadapa District.

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OneCCto Sri. V Nitesh, Advocate [OPUC]

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Two CC's to The Public Prosecutor, High Court of A.P. at Amaravati [OUT]

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Three CD Copies

SAM

sree

HIGH COURT

DATED:07/03/2024

ORDER

CRLP.No.966 of 2024

DISPOSING OF THE CRLP

Boreddy Eswara Reddy v. the State of Andhra Pradesh

Case brief

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Boreddy Eswara Reddy v. the State of Andhra Pradesh

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