This Criminal Petition Is Filed By ... vs Station
2021 Latest Caselaw 5003 AP

             THE HONOURABLE SRI JUSTICE D.RAMESH

               CRIMINAL PETITION No.6955 of 2021

ORDER:

This Criminal Petition is filed by the petitioners/Accused in

Crime No. 307 of 2021, dated 05.10.2021 of Payakaraopeta Police

Station, Visakhapatnam District, registered for the offences

punishable under Sections 324, 323, 353, 506 r/w 34 of IPC.

2. Heard the learned Counsel appearing for the petitioners and

the learned Assistant Public Prosecutor for the Respondent / State.

3. The brief facts of the case are that on 04.10.2021 at about

8.00 p.m while the defacto complainant and one Kakada Banderao,

S/o Bande Rao are discharging their duties at Mee-Seva of Lingala

Colony regarding issuance of Pattadar Pass Books, at that time

petitioners came and questioned to issue Pattadar Pass Books,

thereby slapped the defacto complainant, without there being any

reason and also petitioners abused, attacked him with stick and

caused bleeding injuries. Basing on the report submitted by the

defacto complainant, the above crime is registered.

4. The learned counsel for the petitioners states that in view of

rejecting the application of the petitioners under the guise of local

political people, a small petty quarrel occurred between them.

Under the guise of local political pressure, the present crime is

registered and implicated the petitioners as accused. The

respondent/ police are harassing the petitioners.

5. On the other hand, the learned Assistant Public Prosecutor

submits that the respondent/police have no intention to harass the

petitioners and the police have already issued a notice under

section 41-A of Cr.P.C.

6. In view of the above said facts and circumstances, the

Criminal Petition is disposed of, directing the respondent/ police to

follow the guidelines enumerated in the Judgment of the Hon'ble

Supreme Court of India reported in "Arnesh Kumar v. State of

Bihar and another"1. The petitioners/accused shall also co-operate

with the investigation in the above said crime.

7. Accordingly, the Criminal Petition is disposed of.

______________________ JUSTICE D. RAMESH

Date: 07.12.2021

KK

(2014) 8 SCC 273

THE HONOURABLE SRI JUSTICE D.RAMESH

CRIMINAL PETITION No.6955 of 2021

Date: 07.12.2021

KK