Chepala Manoj vs The State Of Andhra Pradesh
2024 Latest Caselaw 7903 AP

Andhra Pradesh High Court - Amravati

Chepala Manoj vs The State Of Andhra Pradesh on 30 August, 2024

                      HIGH COURT OF ANDHRA PRADESH
                       Main Case No: Crl.P.No.6003 of 2024
                                    PROCEEDING SHEET
Sl.                                                                               OFFICE
No.          Date                                 ORDER                            NOTE

01      30.08.2024
                            BVLNC,J
                                            I.A.No.1 of 2024
                                    Dispensed with for the present.
                                         Crl.P.No.6003 of 2024
                                    Heard     learned     counsel    for    the
                            petitioner/A5.
                                    Learned Assistant Public Prosecutor
                            takes notice for the respondent No.1/State.

Issue notice to the unofficial respondent No.2.

Learned counsel for the petitioners is permitted to take out personal notice to the unofficial respondent No.2 through registered post with acknowledgment due and file proof of service in the Registry.

All the offences alleged against the petitioner/A5 herein are punishable with less than seven (07) years of imprisonment only.

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

2017 LawSuit(Hyd) 305 to Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita 2023, is applicable to the offence U/s.3(1)(r), 3(1)(s) & 3(2) (va) of SC & ST (POA) Act, 1989 also.

Considering the facts and circumstances of the case, the Respondent /police are directed to follow the procedure as contemplated under Section 35(3) of the Bharatiya Nyaya Sanhita, 2023 corresponding to Section 41A Cr.P.C., scrupulously as per the guidelines enunciated in Arnesh Kumar Vs. State of Bihar and another2.

List after six (06) weeks.

________ BVLNC,J VNB

(2014) 8 SCC 273