Komavarthi Yuga Vardhan v. State Of Andhra Pradesh
2020-10-13
CHEEKATI MANAVENDRANATH ROY
body2020
DigiLaw.ai
JUDGMENT Cheekati Manavendranath Roy, J. - This petition is filed under Section 438 of the Code of Criminal Procedure, 1973, to enlarge the petitioner on bail in the event of his arrest. 2. A case in Crime No.197 of 2020 was registered under Sections 420, 403, 468, 467, 471 r/w 34 IPC by Proddatur III Town Police Station, YSR Kadapa District. 3. It is a case relating to cheating and forgery. The petitioner is not at all an accused in the above crime. However, apprehending that he may be arrested in connection with the above crime, he has filed the present petition seeking anticipatory bail. Now, it is settled law that the registration of F.I.R or Crime is not essential to entertain a petition under 438 Cr.P.C. What is required to see is, whether an accusation regarding commission of a non-bailable offence is made against the petitioner in connection with the said crime or not to entertain a petition under Section 438 Cr.P.C. 4. Learned Additional Public Prosecutor, on instructions, would submit that the petitioner is not at all an accused in the above crime and no case is registered against him and there is no incriminating evidence or material against him and he is not at all required by the police in the above crime and as such his apprehension is imaginary. 5. Therefore, when it is a case where the petitioner is not at all an accused in the above crime and no allegation is made against him regarding commission of such offence, when the police do not require him in connection with the said crime, the apprehension of the petitioner is purely imaginary. 6. Therefore, recording the aforesaid submission of the learned Additional Public Prosecutor made on the basis of written instructions received by him, this Criminal Petition is closed.