K DAYANAND RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This matter came up before this Division Bench on a reference made by our learned brother Parvatha Rao, J. in view of the fact that the question involved viz., whether furnishing of crime number is a pre-requisite for entertaining an application under Section 438 Cr.P.C. has a far-reaching effect, and also becaus e. the learned brother was not able to agree with the view expressed by three learned Judges of this Court, all sitting single, virtually to the effect that furnishing of crime number is a pre-requisite for entertaining the application for grant of anticipatory bail under Section 438 Cr.P.C. Justice Parvatha Rao was mainly of a different view and was not able to agree with the three other learned brothers in view of a decision of the Supreme Court in Gurubaksh Singh Sibbia vs. The State of Punjab and therefore referred the question for a decision of the Division Bench.

(2.) In Crl. Petition (SR.No.3918) of 1991, our learned brother Radha krishna Rao, J. by order dated 12-7-91 observing: "Non-furnishing of crime number must naturally result in dismissal of an application filed under Sec. 438 Cr.P.C." dismissed the petition. Having noted the decision of Radhakrishna Rao, J. and also the observations made by the Supreme Court in Gurubaksh Singh's case (1 supra) another learned brother of ours Jagannadha Raju, J. in Panduranga Chary vs. State of A.P. observing that the petitioner therein approached the Court "upon mere fear of arrest without giving the basis for a reasonable apprehension of arrest" upheld the objection taken by the office that the petition is not maintainable in the absence of a crime number being furnished. In another Criminal petition SR. No. 1375 of 1992 our learned brother Eswara Prasad, J. upheld the office objection to the effect that unless the crime number is furnished the application is not maintainable by order dated 5-3-92.

(3.) The instant petition is also one wherein the office objection is as to how the petition under Section 438 Cr.P.C. is maintainable without furnishing the crime number.