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APHC010590562024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327]
TUESDAY, THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE
PRESENT THE HONOURABLE SRI JUSTICE K.SREENIVASA REDDY
CRIMINAL PETITION NO.9550 OF 2024
Between:
V Ravindra Naik ...PETITIONER/ACCUSED
AND
The State of AP Rep. by its PP ...RESPONDENT/COMPLAINANT
Counsel for the Petitioner/accused:
1. P NARAHARI BABU
Counsel for the Respondent/complainant:
1. PUBLIC PROSECUTOR
The Court made the following ORDER:
This Criminal Petition, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioner/Accused, seeking anticipatory bail, in connection with Crime No.161 of 2024 of Penukonda Police Station, Sri Sathya
2 Sai district, registered for the offence punishable under Section 261 of the Bharatiya Nyaya Sanhita, 2023.
2. Learned counsel for the petitioner, after arguing for some time, has confined his argument to the extent of protecting the petitioner herein from the coercive action by the police on the ground that the offence alleged is 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.
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 offence alleged is punishable with imprisonment of less than seven years.
4. Heard. Perused the material on record.
5. Since the offence alleged is 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, 2023, scrupulously, as per the
3 guidelines enunciated in Arnesh Kumar Vs. State of Bihar and another1.
6. With the above directions, the Criminal Petition is disposed of.
7. As a sequel thereto, the miscellaneous petitions, if any, pending in this Criminal Petition, shall stand closed.
________________________ K. SREENIVASA REDDY, J. Date:07.01.2025 Nsr
1 (2014) 8 SCC 273
4 HON’BLE SRI JUSTICE K. SREENIVASA REDDY
Criminal Petition No.9550 of 2024
Date:07.01.2025
Nsr