HIGH COURT OF ANDHRA PRADESH
N. HARINATH, J
Sake Roja – Appellant
Versus
The State Of AP and Others – Respondent
The petitioner/party-in-person has filed the present writ petition alleging that the police have issued a notice under Section 41-A Cr.P.C. on her complaint, which was registered as Crime No.8 of 2024 at II Town Police Station Ananthapuramu. The petitioner has alleged offences under Sections 3(1) (R) 3(1) (S), SC/ST POA Act and Section s 420 , 354, 506, 509, 34 of IPC. 2. The present writ petition is filed alleging that the Station House Officer of Ananthapuramu II Town Police Station, instead of arresting the accused persons, namely Respondent Nos.6 and 9, resorted to issuing a notice under Section 41-A Cr.P.C.
3. It is submitted that notices under Section 41-A Cr.P.C are not to be issued in cases registered under the SC/ST POA Act . On this ground, the present writ petition is filed.
4. Learned Assistant Government Pleader appearing for the State submits that when the offences are punishable with imprisonment below 07 years, following the judgment of the Hon’ble Supreme Court of India in Arnesh Kumar Vs. State of Bihar and another , [2014 (8) SCC 273] , the investigating officer may issue a notice under Section 41-A Cr.P.C., subject to the facts and circumstances of the case.
5. Co
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