Disposed

Bala Govardhan, v. The State of Andhra Pradesh

Andhra Pradesh HC20 Mar 2024WP/1233/2024

Case brief

AI extract

What is this about?

This single-judge court disposed of a writ petition for mandamus without addressing merits. It directed police to scrupulously follow Section 41-A of Cr.P.C. regarding arrest procedure in a case under Section 420 IPC, referred to Arnesh Kumar guidelines, and quashed no order. No relief beyond the procedural direction was granted.

What did the court decide?

Directed police to follow Section 41-A of Cr.P.C. scrupulously as per Arnesh Kumar guidelines.

Bala Govardhan, Vs The State of Andhra Pradesh — Bail and Remand | Andhra Pradesh HC (2024)

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THE HON’BLE SRI JUSTICE K.SREENIVASA REDDY

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WRIT PETITION No.1233 of 2024

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ORDER:-

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This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief.

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“…to issue a writ, direction or order more particularly one in the nature of a Writ of Mandamus declaring the action of respondent No.4 who is the Station House Officer of Gooty police station, Ananthapur District Andhra Pradesh in entertaining the civil dispute and registering FIR No. 1 of 2024 dated 04.01.2024 against all the petitioners and harassing them with concocted figures and facts at the instigation of 5th respondent herein who is a defacto complainant for being illegal, arbitrary devoid of principles of natural justice and unconstitutional and consequently to quash FIR No.1 of 2024 dated 04.01.2024 of Gooty police station Ananthapur District as against the 1^st petitioner and set aside the same as against the other petitioners and not to take coercive steps against the petitioners and pass…

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Heard both sides. Perused the record.

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Learned counsel for the petitioners, after arguing for

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some time, has confined his argument to the extent of

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protecting the petitioners herein from the police on the ground that the offence alleged against the petitioners is under Section 420 IPC and the said offence 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 41-A of Cr.P.C.

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Without going into the merits of the case, since the offence alleged against the petitioners 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 Vs. State of Bihar and

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another¹ .

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With the above direction, this Writ Petition is disposed of. No costs.

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Miscellaneous petitions, if any pending, in the Writ Petition, shall stand closed.

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JUSTICE K. SREENIVASA REDDY Dated: 21.3.2024 GR

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1 (2014) 8 SCC 273

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THE HON’BLE SRI JUSTICE K.SREENIVASA REDDY

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WRIT PETITION No.1233 of 2024

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Date:21.3.2024 GR

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Bala Govardhan, v. The State of Andhra Pradesh

Case brief

What is this about?

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Bala Govardhan, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

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