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2025 DAILYLAW 16453 (AP)

D. Rama Naik v. The State of A.P.

CRLP/3330/2022 · 2025-01-24

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010218612022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY ,THE TWENTY FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION No. 3330 of 2022 Between: D. Rama Naik ...PETITIONER/ACCUSED AND The State Of A P and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused: 1. THOTA RAMAKOTESWARA RAO Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR (AP) ORDER: The instant Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973, by the Petitioner/Accused, to quash the Proceedings in Crime No.67 of 2022 of Darsi Police Station, Prakasam District, for the offence punishable under Section 420 of the Indian Penal Code, 1860 and Section 76 of the Chit Fund Act. 2. Heard Sri T.Ramakoteswara Rao, learned counsel for the Petitioner and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor representing respondent No.1/State. 3. Learned counsel for the petitioner would submit that the petition may be disposed of by giving protection to the petitioner vide guidelines of the Hon’ble Supreme Court in Arnesh Kumar v. State of Bihar1. 1 (2014) 8 SCC 273 2 4. Learned Assistant Public Prosecutor, on instructions, would submit that the offences registered against the Petitioner are punishable with less than seven years period of imprisonment and necessary direction may be given to the concerned Station House Officer. 5. Considering the submissions, this Criminal Petition is disposed of with the following; a. Investigating Officer is at liberty to complete the investigation, in accordance with law. b. In the event of any coercive action sought to be taken against the petitioner, concerned police authorities are directed to scrupulously follow the procedure prescribed under Section 41-A Cr.P.C., and the guidelines laid down by the Hon’ble Supreme Court in Arnesh Kumar’s case (supra). 6. It goes without saying that, if any charge sheet is filed in the above crime, Petitioner is at liberty to challenge the charge sheet, if he feels aggrieved by the same. 7. Accordingly, the Criminal Petition is disposed of. Pending applications, if any, shall stands closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA 24.01.2025 Mjl/* 3 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.3330 of 2022 24.01.2025 Mjl/*