Balina Ramakrishna vs State Of Andhra Pradesh
2022 Latest Caselaw 3220 AP

                THE HON'BLE SRI JUSTICE K.SREENIVASA REDDY

                       CRIMINAL PETITION No.400 of 2022

ORDER:

This Criminal Petition, under Section 482 of the Code of

Criminal Procedure, 1973, is filed by the petitioner against the

order passed, in C.R.R.No.941 of 2022 in Crime No.58 of 2022 of

Pulivendula U/G Police Station, by the learned Judicial Magistrate

of First Class, Pulivendula, dated 12.05.2022.

2. Heard learned counsel for the petitioner and the

learned Special Assistant Public Prosecutor for the State.

3. A case has been registered against the petitioner for

the offence punishable under Section 420 IPC. A short point that

came up for consideration is that the Sub-Inspector of Police,

Pulivendula has issued a notice as per the guidelines of the Hon'ble

Apex Court in ARNESH KUMAR v. STATE OF BIHAR1 and he served

a copy of the said notice with a condition to appear before him

within seven days from the date of receipt of the notice to answer

the accusation against him and for recovery of cheating amount,

for which, the accused failed to comply the terms and conditions

mentioned in notice under Section 41-A Cr.P.C. served upon him.

It is said that ------------as per the terms and conditions as

contemplated under Section 41-A Cr.P.C., the counsel for the

petitioner submits that --------------------since the date, time and

place has not been mentioned, the petitioner could not make

himself available before the police within the stipulated time. His

(2014) 8 SCC 273 absence is neither willful nor wanton, only due to above said

reasons he could not attend before the police. He also said before

this Court that in case a time limit is fixed, the petitioner will

make himself available to attend before the police.

Learned Additional Public Prosecutor has relied upon the

judgment of Bombay High Court in RYAN JOHN MICHAEL THORPE

v. THE STATE OF MAHARASHTRA, in Criminal Writ Petition

No.2611 of 2021.

In the facts and circumstances, it is desirable to put an end

to the dispute by giving an opportunity to the petitioner to make

himself available before the Sub-Inspector of Police, Pulivendula.

In the facts and circumstances, this Court thinks that the

present petitioner would make himself available to attend before

the Sub-Inspector of Police, Pulivendula, within one week from the

date of receipt of copy of this order and Sub-Inspector of Police is

directed to follow 41-A Cr.P.C. strictly, in accordance with law. In

any case, the petitioner does not make himself available before

the police, the police are at liberty to take appropriate action

against him, in accordance with law. Miscellaneous petitions, if

any pending, in the Criminal Petition, shall stand closed.

_____________________________ JUSTICE K. SREENIVASA REDDY Date:01.07.2022 Rns THE HON'BLE SRI JUSTICE K.SREENIVASA REDDY

CRIMINAL PETITION No.2210 of 2019

Date: 29-06-2022

Rns