Disposed

Kota Chandra Shekar v. The State of Andhra Pradesh

Andhra Pradesh HC20 Mar 2024WP/1726/2024

Case brief

AI extract

What is this about?

The High Court of Andhra Pradesh, on a writ petition challenging police interference, directed the police to scrupulously follow the procedure of Section 41A of the Cr.P.C. for inquiry since the alleged offence was punishable with imprisonment of less than seven years, relying on Arnesh Kumar.

What did the court decide?

Directed the police to follow the procedure as contemplated under Section 41A of the Cr.P.C. scrupulously per Arnesh Kumar.

Kota Chandra Shekar Vs The State… — Constitutional and Fundamental Rights | Andhra Pradesh HC (2024)

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APHC010031092024

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IN THE HIGH COURT OF ANDHRA PRADESH

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AT AMARAVATI

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(Special Original Jurisdiction)

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[3327]

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

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PRESENT

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THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 1726/2024

Between:

Kota Chandra Shekar

...PETITIONER

AND

The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner:

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1.YASWANTH GADE

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Counsel for the Respondent(S):

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1.GP FOR HOME (AP)

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The Court made the following:

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THE HON’BLE SRI JUSTICE K.SREENIVASA REDDY

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WRIT PETITION No.1726 of 2024

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ORDER:-

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This Writ Petition is filed under Article 226 of the

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Constitution of India seeking the following relief.

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“…to issue a writ, order or direction more particularly one in the nature of a writ of mandamus declaring the action of the respondents 2 and 3 in interfering with petitioner’s life and liberty by sending the police personnel to his house and insisting his family members for his presence before the 3rd respondent with an intention to detain me and to cause hardship at the behest of the local ruling party leaders under the guise of registration of FIR No. 14/2024 dt.10.01.2024 for the offence under Sec 336 r/w 34 of IPC and in proclaiming to open the rowdy sheet against him as highly illegal, arbitrary and violative of Articles 19 and 21 of the Constitution of India and consequently direct the respondents 2 and 3 to follow the procedure as contemplated under Section 41-A of Cr.P.C without interfering with his life and liberty and pass…”

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Heard both sides. Perused the record.

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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 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 41-A of Cr.P.C.

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Since the offence alleged against the petitioner 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 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

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Dated: 21.3.2024 GR

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1 (2014) 8 SCC 273

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187

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THE HON’BLE SRI JUSTICE K.SREENIVASA REDDY

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WRIT PETITION No.1726 of 2024

Date:21.3.2024 GR

Therefore police are calling the petitioner and unofficial respondents only for inquiry purpose in the above case. Except for the purpose of the said case, the police are not interfering with the civil disputes of the petitioner and the unofficial respondents

Kota Chandra Shekar v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Kota Chandra Shekar 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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