APHC010269912025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 15288/2025 Between: Sake Roja ...PETITIONER AND The State Of AP and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. PARTY IN PERSON Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: 2 ORDER:- The petitioner/party-in-person has filed the present writ petition alleging that the police have issued a notice under Section 41-A Cr.P.C. on her complaint, which was registered as Crime No.8 of 2024 at II Town Police Station Ananthapuramu. The petitioner has alleged offences under Sections 3(1) (R) 3(1) (S), SC/ST POA Act and Sections 420, 354, 506, 509, 34 of IPC. 2. The present writ petition is filed alleging that the Station House Officer of Ananthapuramu II Town Police Station, instead of arresting the accused persons, namely Respondent Nos.6 and 9, resorted to issuing a notice under Section 41-A Cr.P.C. 3. It is submitted that notices under Section 41-A Cr.P.C are not to be issued in cases registered under the SC/ST POA Act. On this ground, the present writ petition is filed. 4. Learned Assistant Government Pleader appearing for the State submits that when the offences are punishable with imprisonment below 07 years, following the judgment of the Hon’ble Supreme Court of India in Arnesh Kumar Vs. State of Bihar and another1, the investigating officer may issue a notice under Section 41-A Cr.P.C., subject to the facts and circumstances of the case. 1 2014 (8) SCC 273 3 5. Considering the submissions, the writ petition is dismissed making it clear that the police have ample power to issue notices under Section 41-A Cr.P.C (35 (3) of BNSS) in offences where the punishment is below seven years. The Judgment of the Hon’ble Supreme Court of India also makes it clear that any violation or deviation by the investigating officer would amount to contempt of the Supreme Court. 6. Accordingly, this Writ Petition is dismissed. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Dt: 24.06.2025 SR