Jayana Satti Raju v. The State Of A.P

THE HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY CRL.P. Nos.14980, 14981, 14982 AND 14983 OF 2016 COMMON ORDER:

These criminal petitions, under Sections 482 of the Code of Criminal Procedure, 1973, are filed by the petitioners to quash the proceedings in Cr.Nos.183, 315, 316 and 317 of 2016 of P.S. Amalapuram Town Police Station, Amalapuram, East Godavari District, A.P.

The allegations in the complaints are that some unknown persons caused damage to the foundation stone laid by the Deputy Chief Minister of A.P. on the occasion of rebuilt the aqueduct at Amalapuram Canal and torn the flexies with the photo of Dr.B.R,Ambedkar with an intention to create unrest, etc.

But based on the confession statement of one Nagendra regarding involvement of these petitioners, they are implicated in the above crime by the police, though there is no specific material.

However, it is difficult to accept the contention of the petitioners at this stage as the investigation in progress. Therefore, I find no grounds to quash the proceedings in Cr.Nos.183, 315, 316 and 317 of 2016 of P.S. Amalapuram Town Police Station, Amalapuram, East Godavari District, A.P. However, the police, Amalapuram Police station, are directed to follow the procedure provided under Section 41-A Cr.P.C. and the guidelines laid down by the Apex Court in ARNESH KUMAR

CRLP_14980, 14981, 14982 & 14983 of 2016 MSM, J - 2 - V. STATE OF BIHAR1 before effecting the arrest of the petitioners.

Accordingly, these criminal petitions are disposed off. Miscellaneous petitions, if any, pending in these criminal petitions, shall stand closed.

___________________________________ M. SATYANARAYANA MURTHY, J Date: 21.10.2016 BV 1 2014(2) ALT (Crl.) 457 (SC)