Burla Vishu, v. The State Of Andhra Pradesh,

HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO CRIMINAL PETITION No.9550 of 2017 ORDER :

Heard the learned counsel for the petitioners/ A1 and A2 of Crime No.46 of 2017 of Gandepalli Police Station, East Godavari District, registered on the report of 2nd respondent/ de facto complainant, for the offences punishable under Sections 420, 406, 506 r/ w 34 I.P.C. and the learned Public Prosecutor representing the State before ordering notice to respondent No.2/ de facto complainant and perused the F.I.R. and grounds urged in the Criminal Petition. The Crime is originally registered against four accused, of whom, A2 is father of A1. On a perusal of the material on record, there is nothing to interdict the investigation, much less, to keep the petition pending.

So far as the allegations against petitioner No.2/ A2 is concerned, he allegedly threatened the de facto complainant for demand of the amount from A1. Hence, there shall be stay of arrest of petitioner No.2/ A2. Insofar as petitioner No.1/ A1 is concerned, in the event of any necessity of his arrest, the Police strictly follow Section 41-A Cr.P.C. and the guidelines of the Apex Court as laid down in Arnesh Kumar v. State of Bihar1, as none of the offences are punishable above seven years.

Accordingly, the Criminal Petition is disposed of. Consequently, miscellaneous petitions pending, if any, shall stand dismissed.

_________________________ Dr. B. SIVA SANKARA RAO, J Date:12-10-2017 pab 1 (2014 (2) ALT (Crl.) 457 SC)