Abdul Salam vs The State Of Andhra Pradesh
2024 Latest Caselaw 6770 AP

Andhra Pradesh High Court - Amravati

Abdul Salam vs The State Of Andhra Pradesh on 6 August, 2024

                     HIGH COURT OF ANDHRA PRADESH
                     MAIN CASE : Crl.P.No.5431 OF 2024

                              PROCEEDING SHEET

Sl.                                                                                OFFICE
                                             ORDER

No      DATE                                                                        NOTE

01.   06.08.2024   BVLNC, J
                                       I.A.No.1 of 2024

Heard. Dispensed with for the time being.

__________ BVLNC, J

Crl.P.No.5431 of 2024 Learned Assistant Public Prosecutor takes notice for respondent No.1 and seeks time to get instructions in the matter.

Issue notice to the respondent No.2.

Learned counsel for the petitioners is permitted to take out personal notice to the respondent No.2 through registered post with acknowledgment due and file proof of service into the Registry with in a period of four (04) weeks.

List the matter on 03.09.2024.

__________ BVLNC, J

Heard learned counsel representing for the petitioners and learned Assistant Public Prosecutor representing for State.

Contd., Admittedly, the offences punishable under Sections 131, 324(4) read with 3(5) BNS, 3(1)(r), 3(1)(s) SC & ST (POA) Amendment Act 2015, is punishable with less than seven (07) years of imprisonment.

As per judgment of this Court in the case of Konidhana Ananda Sharma Vs State of Andhra Pradesh rep by its Public Prosecutor1, section 41-A of Code of Criminal Procedure 1973, which is equivalent to Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita 2023, is applicable to the offence U/s.3(1)(r),3(1)(s) of SC & ST (POA) Act, 1989 also.

In that view of the matter, the Respondent / police are directed to follow the procedure as contemplated under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 corresponding to Section 41-A Cr.P.C., scrupulously, as per the guidelines enunciated in Arnesh Kumar Vs. State of Bihar and another2.

__________ BVLNC, J

SAB

2017 LawSuit(Hyd) 305

(2014) 8 SCC 273