High CourtsSingle Bench(2024) 06 AP CK 0007

Sura Sura Bhupal And Others vs State Of Andhra Pradesh

Andhra Pradesh High Court · Decided on 13 June 2024

HON’BLE JUDGES
Kiranmayee Mandava, J
RESULT
Disposed Of
CASE NUMBER
Criminal Petition No. 3851 Of 2024 & Criminal Petition No. 3852 Of 2024

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Judgment

6 paragraphs · 199 words

Kiranmayee Mandava, J

1.

This Criminal Petition under Section 438 of Cr.P.C., is filed seeking to enlarge the petitioners/A6 to A8 on anticipatory bail in Crime No.16/2024 of Nandyal Range, Wild Life, Nandyal Division, Nandyal District registered for the offences punishable under Sections 2(1)(2)(16), 9, 27, 31, 39(b) of Wild Life Protection Act, 1972.

2.

Heard learned counsel for the petitioners and the learned Assistant Public Prosecutor for the State.

3.

At the time of hearing, learned counsel for the petitioners has confined his request only to order notice under Section 41-A Cr.P.C. by following the Judgment in Arnesh Kumar vs. State of Bihar (2014) 8 SCC 273 of the Hon’ble Supreme Court of India, stating that the punishment prescribed for the offences registered against the petitioners/A6 to A8 are under Sections 2(1)(2)(16), 9, 27, 31, 39(b) of Wild Life Protection Act, 1972, is upto seven years. Learned Assistant Public Prosecutor does not dispute the same.

4.

Therefore, in view of the aforesaid request, this Criminal Petition is disposed of, with a direction to the Investigating Officer to follow the procedure contemplated under Section 41-A Cr.P.C scrupulously.

Miscellaneous petitions, if any pending, in the Criminal Petition, shall stand closed.