20.12.2022 Rrr vs Unknown
2022 Latest Caselaw 9775 AP

         HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI

                      MAIN CASE No. Crl.P.No.9965 of 2022
                                PROCEEDING SHEET
Sl.                                                                         Office
                                            ORDER

No   DATE                                                                   Note
1. 20.12.2022 RRR, J

                           Learned   Public      Prosecutor   has   taken

notice on the 1st respondent and seeks time to obtain instructions.

Issue notice to the 2nd respondent.

The learned counsel for the petitioner is permitted to take out personal notice to the 2nd respondent by RPAD and file proof of service by the next date of hearing.

Post on 10.02.2023.

The contention of the petitioner that the Hon'ble Supreme Court of India in case of State Rep. by Inspector of Police & ors. Vs N.M.T.Joy Immaculate1, did not hold that a notice under Section 160 of Cr.P.C cannot be issued to an accused person may require further analysis of the Judgment.

The learned counsel for the petitioner would also rely upon the Judgment of the Hon'ble Supreme Court of India in the case of Nandini Satpathy Vs. P.L. Dani & Anr2 to contend that the Hon'ble Supreme Court had

AIR 2004 SC 2282

1978 2 SCC 424

categorically held that a notice under Section 160 of Cr.P.C can be issued to an accused as well as.

In the circumstances, there shall be stay all further proceedings including appearance of the petitioner in C.C.No.1975 of 2022 on the file of the II Additional Metropolitan Magistrate, Visakhapatnam District, pending further orders.

__________ RRR, J BSM