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2022 Supreme(AP) 1334

ANDHRA PRADESH HIGH COURT AT AMARAVATI
K.Manmadha Rao, J.
G. C. Chinna Venkata Ramudu @ Boya Venkata Ramudu – Appellant
Versus
State of Andhra Pradesh – Respondent
Criminal Petition No. 3150 of 2022
Decided On : 12-05-2022

Advocates appeared:
Sudhakara Rao Ambati, Advocate

The court's decision was guided by the specific procedures prescribed under Section 41-a Cr.P.C. and the guidelines established in Arnesh Kumar v. State of Bihar (2014) 8 SCC 273.

Headnote:

Forgery - Bail - The court directed the police to follow the procedure prescribed under Section 41-a Cr.P.C. as per the guidelines prescribed by the Hon'ble apex Court in Arnesh Kumar v. State of Bihar (2014) 8 SCC 273

Fact of the Case:

The petitioner sought bail in connection with a case where he was accused of forging the signature of the complainant and fabricating fake documents to cheat the complainant.

Finding of the Court:

The court disposed of the petition based on an interim order passed in a related case, directing the police to follow the procedure prescribed under Section 41-a Cr.P.C.

Issues: Bail application in a case involving forgery and cheating.

Ratio Decidendi: The court's decision was influenced by the interim order passed in a related case, which directed the police to follow specific procedures in line with the guidelines prescribed by the Hon'ble apex Court in Arnesh Kumar v. State of Bihar.

Final Decision: The petition for bail was disposed of, and all pending miscellaneous petitions were closed.

JUDGMENT

Dr. K.Manmadha Rao, J. - This petition is filed under Section 438 of the Code of Criminal Procedure, 1973, to enlarge the petitioner on bail in the event of his arrest in connection with Crim*-*e No.69 of 2022 of Gorantla Police Station.

2. Heard learned counsel for the petitioner and learned Special assistant Public Prosecutor for the respondent-State.

3. The petitioner herein is a3 in the above crime. The averments in the complaint would show that the petitioner(a3) along with a1, a2 and a4, in pursuance of their criminal conspiracy, forged the signature of the complainant and fabricated fake pattadar passbook and got registered the land of the complainant in the name of Oliver Vanijya Private Limited, Calcutta and thereby cheated the complainant with dishonest intention.

4. Learned additional Public Prosecutor opposed the bail stating that it is not a fit case to grant anticipatory bail.

5. On perusal of the record, the alleged offence was occurred in the year 2013 whereas the complaint was lodged in the year 2022. One K.Bhaskar Reddy, who is a1 in the above crime filed Crl.P.No.2897 of 2022 for quashing the proceedings against him. On 21.04.2022, this Court passed an interim order stating that the allegations would not attract Section 467 I.P.C and hence, the Police are directed to follow the procedure prescribed under Section 41-a Cr.P.C. as per the guidelines prescribed by the Hon'ble apex Court in arnesh Kumar v. State of Bihar. (2014) 8 SCC 273

6. In view of the aforesaid interim order passed by this Court, this Criminal Petition is disposed of directing the Police to follow the procedure prescribed under Section 41-a Cr.P.C. as per the guidelines prescribed by the Hon'ble apex Court in arnesh Kumar v. State of Bihar. (2014) 8 SCC 273

7. all pending miscellaneous petitions if any, shall stand closed.

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