LAWS(APH)-2021-3-29

C. VENKATESH GOUD Vs. STATE OF ANDHRA PRADESH

Decided On March 17, 2021
C. Venkatesh Goud Appellant
V/S
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) This criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C."), is filed assailing the order dated 22-01-2021 passed in Crl.M.P.No.15 of 2021 in S.C.No.206 of 2018 on the file of the learned IV Additional Sessions Judge-cum-Special Judge for trial of offences against women, Anantapuramu, whereby, the notice under Section 41A Cr.P.C. issued to the petitioner, who is A-2, was cancelled and Non Bailable Warrant (N.B.W.) was issued against him.

(2.) Heard learned counsel for the petitioner and the learned Additional Public Prosecutor for the State.

(3.) The petitioner is A-2 in S.C.No.206 of 2018 on the file of the learned IV Additional Sessions Judge-cum-Special Judge for trial of offences against women, Anantapuramu. He is the father of A-1. A case under Section 498A, 307, 506 r/w 34 of the Indian Penal Code, 1860 (for short "I.P.C.) and under Sections 3 and 4 of the Dowry Prohibition Act, 1961 (for short "D.P. Act"), was registered against the petitioner along with other accused. After completion of investigation, charge sheet was filed against them and the case is now pending trial before the Sessions Court, as the offence punishable under Section 307 of I.P.C. was triable exclusively by Court of Session. Earlier, since the allegation of attempt to murder under Section 307 of I.P.C. was only against A-1, notice under Section 41A Cr.P.C. was issued to the petitioner herein, who is A-2. He was not arrested.