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DISPOSED

GOPAL REDDY KICHEPATI KICHIPATI GOPI vs THE STATE STATION HOUSE OFFICER

Case NumberCRLP 2462/2023
Date of Filing1 Apr 2023
Case TypeCRLP
Last Hearing4 Apr 2023
State--
City--
Year of Filing2023

Party Details

Petitioner
  • GOPAL REDDY KICHEPATI AT KICHIPATI GOPI
  • Penchalaiah Kandikattu
  • Sudhakar Mungara
Respondent
  • THE STATE STATION HOUSE OFFICER
  • Venkata SubbaiahJollu

Case Summary

GOPAL REDDY KICHEPATI AT KICHIPATI GOPI and Penchalaiah Kandikattu filed Case No. CRLP 2462/2023 in the High Court Of Andhra Pradesh on 1 Apr 2023 against THE STATE STATION HOUSE OFFICER and Venkata SubbaiahJollu. The case has had one hearing so far. The case was disposed of on 4 Apr 2023. 1 order has been issued in this matter.

Hearing History (1)

  • 4APR 2023
    Next Hearing

    Judge: N/A

Orders (1)

Judgement DetailsView full order PDF ↗

HON’BLE SRI JUSTICE K.

SREENIVASA REDDY Criminal Petition No.2462 of 2023 Order: This Criminal Petition, under Section 482 Cr.P.C., has been filed on behalf of the petitioners herein to quash the proceedings in Crime No.47 of 2023 of Buchireddypalem Police Station, Sri Potti Sriramulu Nellore District, registered for the offence punishable under Section 353 read with 34 IPC.

2.

Learned counsel for the petitioners, after arguing for some time, has confined his argument to the extent of protecting the petitioners 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 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 the learned counsel for the petitioners for the reason that the offence alleged is punishable with imprisonment of less than seven years.

4.

Heard.

Perused the material on record.

5.

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 2 as per the guidelines enunciated in Arnesh Kumar Vs.

State of Bihar and another1.

6.

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

7.

As a sequel thereto, the miscellaneous petitions, if any, pending in this Criminal Petition, shall stand closed. ________________________ K.

SREENIVASA REDDY, J.

Date:04.04.2023 ARB/RSD 1 (2014) 8 SCC 273