APHC010257902020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY,THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION No. 16992/2020 Between: 1. PENTAPATI SRINIVAS RAO, S/O.LATE PENTAPATI APPA RAO, AGED ABOUT 58 YEARS, OCC- BUSINESS, RESIDENT OF 49-52- 1/11, RAMAKRISHNA NAGAR, SHANTHIPURAM, VISAKHAPATNAM DISTRICT, A.P. 2. VINNAKOTA JAGANNADHA RAO, S/O V. SRI RAM MURTHY, AGED ABOUT 60 YEARS, OCC- BUSINESS, GUDILOVA, ANANDHAPURAM MANDAL, GUDILOVA VILLAGE, VISAKHAPATNAM DISTRICT, A.P ...PETITIONER(S) AND 1. THE GOVERNMENT OF A P, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, VELAGAPUDI SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, ONGOLE, PRAKASAM DISTRICT. 3. THE COMMISSIONER OF POLICE, VISAKHAPATNAM DISTRICT, A.P. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction, particularly a Writ of Mandamus, directing the respondents to follow the procedure contemplated under Section 41 A of Cr.P.C0 in the event of our arrest in Crime No.437 of 2020 dated 12.09.2020 on the file of Ongole Police Station, Prakasam District and to pass Counsel for the Petitioner(S): 1. K SAIRAM MURTHY Counsel for the Respondent(S): 1. GP FOR HOME 2 The Court made the following: ORDER: The instant Writ Petition is filed by the Petitioners seeking indulgence of this Court under Article 226 of the Constitution of India for the following relief: “ .... to issue a Writ, Order or Direction, particularly a Writ of Mandamus, directing the respondents to follow the procedure contemplated under Section 41 A of Cr.P.C in the event of their arrest in Crime No.437 of 2020 dated 12.09.2020 on the file of Ongole Police Station, Prakasam District and to pass ....” 2. Sri V.Farooq, learned Assistant Government Pleader for Home, on instructions, would submit that in the light of the interim order passed by this Court on 21.10.2020, respondent Police followed the procedure contemplated under Section 41-A Cr.P.C. and that no further orders are necessary and this Writ Petition may be disposed of by passing appropriate orders. 3. Learned counsel for the Petitioners would submit that recording the said submission, this Writ Petition may be disposed of. 4. Considering the submission, this Writ Petition is disposed of. Respondent Police are directed to scrupulously follow the guidelines issued by the Hon’ble Supreme Court in Arnesh Kumar v. State of Bihar1. No order as to costs. Pending applications, if any, shall stand closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/* 1 (2014) 8 SCC 273 3 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Writ Petition No. 16992 of 2020 04.09.2025 Mjl /*