T. Munikumar v. The State Of Andhra Pradesh

HON'BLE Dr. JUSTICE B. SIVA SANKARA RAO CRIMINAL PETITION No.12399 of 2018 ORDER :

Impugning the First Information Report in Crime No.49 of 2018 registered by the Tirumala (I) Town Police Station, Tirupathi Urban District, for the offence punishable under Section 420 IPC, the petitioner/sole accused filed the quash petition.

2.

Heard learned counsel for the petitioner and learned Public Prosecutor, representing the respondent-State in opposing the same, before admission. Perused the First Information Report and quash petition averments.

3.

A perusal of the First Information Report and quash petition averments no way entitles this Court to quash the proceedings or admit by keeping the matter pending, but for to say for none of the offences are punishable above seven years, the police strictly follow Section 41-A Cr.P.C., and also the guidelines as held by the Apex Court in Arnesh Kumar Vs. State of Bihar1.

4.

Accordingly and in the result, the criminal petition is disposed of without prejudice to any future defence of the petitioner. Miscellaneous petitions pending, if any, shall stand closed. ____________________________ Dr. B. SIVA SANKARA RAO, J 20th November 2018.

mar 1 (2014) 8 SCC 273