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Judgment
Harinath.N, J
The petitioner herein is arraigned as accused in Crime No.15 of 2020 of Nandyal II Police Station for the offence under Sections 420, 466, 467, 408 of IPC.
It is alleged in the complaint that the petitioner has resorted to the fabrication of the bank challan. It is also alleged that the petitioner is working as an Advocate Clerk and was entrusted with cash of Rs.6,372/- and Rs.4,026/- to be remitted to the Court Account towards the Court Fee.
It is alleged that the petitioner had remitted Rs.1,372/- and Rs.1,026/-and submitted the tampered counter foils along with the suits, as if an amount of Rs.6,372/- and Rs.4,026/- was paid towards the Court Fee. On the strength of the said complaint, the investigation was initiated by the Station House Officer Nandyal II Town Police Station.
The learned counsel for the petitioner submits that on 25.01.2020 the petitioner was issued 41-A Cr.P.C notice in the month of January 2020 itself and that he appeared before the police and also co-operated with the investigation. It is also submitted that the investigation is completed.
The learned Assistant Public Prosecutor submits that the investigation is in the final stage and the charge sheet is yet to be filed.
Considering the submission that the petitioner was issued notice under Section 41-A Cr.P.C in the year 2020, the petitioner deserves to be considered and the police are directed to issue notice Section 35 (3) and (5) of Bharatiya Nagarik Suraksha Sanhita, 2023 to the petitioner for any further investigation.
Accordingly, the criminal petition is disposed off.
Miscellaneous petitions, if any pending, in the Criminal Petition, shall stand closed.
