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Judgment
8 paragraphs · 355 wordsDr Venkata Jyothirmai Pratapa, J
The Criminal Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity, ‘the BNSS’), by the petitioners, who are Accused Nos.10 and 11, seeking anticipatory bail in connection with Crime No.429 of 2025 of Pattabhipuram Police Station, Guntur District, registered for the offences punishable under Sections 61(2), 318(4), 351(1), 316(5), 111(3), 126(1), 309(6), 310(4) read with 3(5) of BNS and Section 66-D, 67, 67A of ITA 2000-2008.
Learned counsel for the petitioners submits that the present crime is a second FIR registered on the same set of allegations, as earlier Crime No.291 of 2024 was registered on 03.10.2024. It is further submitted that the learned Magistrate, without adverting to the mandate under Section 175(3) and (4) of BNSS, mechanically forwarded the complaint for registration of a case. Therefore, the petitioners seek protection from coercive steps, contending that the alleged offences are punishable with imprisonment of less than seven years and pray that this Court may direct the police to follow the procedure contemplated under Section 41-A of the Code of Criminal Procedure, 1973 (corresponding to Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023).
Learned Assistant Public Prosecutor, representing the State, fairly submits that in cases where the alleged offences are punishable with imprisonment of less than seven years, the police may be directed to adhere to the procedure contemplated under the said provision and concurs with the request of learned counsel for the petitioners.
Heard. Perused the material on record.
Considering the submissions made and the fact that the present crime has been registered on a private complaint forwarded to the police for investigation, and having regard to the peculiar facts and circumstances of the case, this Court directs the police to follow the procedure as contemplated under Section 41A of Cr.P.C. (Section 35 of BNSS, 2023) scrupulously as per the guidelines enunciated in Arnesh Kumar Vs. State of Bihar and another (2014) 8 SCC 273.
With the above direction, the Criminal Petition is disposed of.
As a sequel thereto, the miscellaneous petitions pending, if any, shall stand closed.