Extracted from the PDF above. The PDF is authoritative.
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APHC010505872024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] FRIDAY ,THE SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY CRIMINAL PETITION NO: 8119/2024 Between: S Bhargav Reddy ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused:
1. R YELLA REDDY Counsel for the Respondent/complainant:
1. PUBLIC PROSECUTOR The Court made the following:
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THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY CRIMINAL PETITION NO: 8119/2024 This Criminal Petition, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of the Petitioner/accused to release him on bail in the event of his arrest in connection with Cr.No.321 of 2024 of Bhimavaram I Town Police Station, West Godavari District, registered for the offences punishable under Sections 153, 153 (A), 505 (2), 469, 471, 509, 120 (B) r/w 34 IPC and Section 67 of the Information Technology Act.
2. Learned counsel for the Petitioner has confined his argument to the extent of protecting the Petitioner herein from the coercive action by the police on the ground that the offences alleged are punishable with imprisonment of less than seven years and prays this Court to direct the police to follow the procedure as contemplated under Section 35 (3) of the Bharatiya Nagarik Suraksha Sanhita,
2023. (S.41-A of the erstwhile Cr.P.C).
3. On the other hand, learned Assistant Public Prosecutor did not oppose the same and concurred with the submission made by the learned counsel for the Petitioner for the reason that the offences alleged are punishable with imprisonment of less than seven years.
4. Heard. Perused the material on record.
5. Since the offences alleged are punishable with imprisonment of less than seven years, this Court directs the police to follow the procedure as contemplated under Section 35 (3) of the Bharatiya Nagarik Suraksha Sanhita,
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2023 (S.41-A of the erstwhile Cr.P.C) scrupulously, as per the guidelines enunciated in Arnesh Kumar Vs. State of Bihar and another1.
6. With the above direction, the Criminal Petition is disposed of.
7. As a sequel thereto, the miscellaneous petitions, if any, pending in this Criminal Petition, shall stand closed.
___________________ NYAPATHY VIJAY, J. Date:07.02.2025 eha
1 (2014) 8 SCC 273
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THE HON’BLE SRI JUSTICE NYAPATHY VIJAY
Criminal Petition No.8119 of 2024
Date:07.02.2025
eha