Andhra Pradesh High Court raps police dept for not complying with CrPC Section 41(A)

The court questioned the police department as to why they are ignoring the Supreme Court guidelines issued in Arnesh Kumar case and trying to arrest the legislator in a case, which is punishable for less than seven years, if proven.
Andhra Pradesh High Court.
Andhra Pradesh High Court.

VIJAYAWADA : The Andhra Pradesh High Court on Monday took a serious view of the police not adhering to CrPC Sec 41(A) in the cases that are punishable with less than seven years imprisonment.

Hearing the anticipatory bail plea of TDP MLA Eluri Sambasiava Rao, fearing arrest by police based on the complaint form mining department assistant director Balaji Naik, Justice T Mallikarjuna Rao expressed concern about the common man, when the MPs and MLAs are approaching the courts for directing police department to issue notices under Sec 47 (A) instead of arresting them.

The court questioned the police department as to why they are ignoring the Supreme Court guidelines issued in Arnesh Kumar case and trying to arrest the legislator in a case, which is punishable for less than seven years, if proven. “If they arrest, the officials responsible will have to face severe repercussions and they will be sent to jail,” the Court warned. It observed that unless stern action is taken against a higher official, the situation seems not get normalised.

The case hearing was adjourned to Tuesday.

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