Andhra Pradesh High Court – Amravati
Shaik Mohammad Wahaz vs The State Of Andhra Pradesh on 23 December, 2024
HIGH COURT OF ANDHRA PRADESH
MAIN CASE:Crl.P.No.9405 OF 2024
PROCEEDING SHEET
Sl. OFFICE
ORDER
No DATE NOTE
BVLNC, J
01. 23.12.2024
Heard learned counsel for the petitioner and
learned Assistant Public Prosecutor representing the
State.
Issue notice to the respondent No.2.
Learned counsel for the petitioner is permitted to
take out personal notice to the respondent No.2
through Registered Post with Acknowledgment Due
and file proof of service into the Registry by next date
of hearing.
Admittedly, the offence punishable under
Sections 75(1), 351(2), 79 r/w 3(5) BNS, 3(1)(r), 3(1)(s)
SC, ST POA Act are punishable with less than seven
(07) years of imprisonment.
As per judgment of this Court in the case of
Konidhana Ananda Sharma Vs State of Andhra
Pradesh rep by its Public Prosecutor1, section 41-A
of Code of Criminal Procedure 1973, which is
equivalent to Section 35(3) of the Bharatiya Nagarik
Suraksha Sanhita 2023, is applicable to the offence
U/s.3(1)(x) of SC & ST (POA) Act, 1989 also.
(Contd..)
1
2017 LawSuit(Hyd) 305
//2//
In that view of the matter, the Respondent/
police are directed to follow the procedure as
contemplated under Section 35(3) of the Bharatiya
Nagarik Suraksha Sanhita, 2023 corresponding to
Section 41-A Cr.P.C., scrupulously, as per the
guidelines enunciated in Arnesh Kumar Vs. State of
Bihar and another2.
List the matter in the first week of March, 2025.
_________
BVLNC, J
Pmk
2
(2014) 8 SCC 273