The court disposed of Writ Petition No.45833 of 2018 challenging the initiation of investigation under Section 41-A CPC, directing the petitioner to appear and the police to proceed legally.
Petitioner directed to appear before Investigating Officer; police authorities directed to proceed in strict accordance with law.
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THE HON'BLE SRI JUSTICE A.V.SESHA SAI
WRIT PETITION No.45833 of 2018
ORDER :
Heard learned counsel for the petitioner and the learned Government Pleader for Home, apart from perusing the entire material available on record.
The alleged non-adherence to the mandatory requirements of law, provided Under Section 41-A CPC, is under challenge in the present Writ Petition.
According to the learned counsel for the petitioner, a notice, dated 13.12.2018, was caused by the Investigating Officer, Bheemili calling upon the petitioner herein to appear at 10.30 a.m. on the said date. It is further submitted by the learned counsel that the said notice was served on the petitioner on 13.12.2018 at about 6.30 p.m.
On the other hand, it is submitted by the learned Government Pleader that, in response to the said notice, the petitioner herein can now appear before the respondent police and the police authorities will proceed in accordance with law.
Accordingly, Writ Petition is disposed of, directing the petitioner herein to appear before the Investigating Officer, Bheemili Police Station, Visakhapatnam City on 20.12.2018 between 10.00 a.m. and 5.00 p.m., and with a further direction to the respondent-police authorities to proceed, strictly in accordance with law. There shall be no order as to costs.
Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.
___________________ A.V. SESHA SAI, J
18th December, 2018 Tsy
1 issue framed by the court
Whether the non-adherence to the mandatory requirements of Section 41-A CPC mandates disposal of the Writ Petition.
1 provisions across 1 enactments
Petitioner
Respondent-police authorities
A.V. SESA SAI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
