JUDGMENT Lalitha Kanneganti, J. - This petition is filed under Section 438 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") seeking pre-arrest bail to the petitioner/unnamed accused in the event of his arrest in connection with Crime No.433 of 2020, dated 18.09.2020 of Arilova Police Station, Visakhapatnam District registered for the offences punishable under Sections 379 of the Indian Penal Code, 1860 (for short 'I.P.C.') and Section 21(1) of the Mines and Minerals (Development and Regulation) Act, 1957 (for short MMDRA Act). 2. The case of the prosecution is that a crime was registered basing on a complaint dated 18.09.2020 given by Sub Inspector of Police, Pendurthy, Special Enforcement Bureau (S.E.B.) against A-1 alleging that he committed theft and illegal transportation of sand and on credible information he along with his staff went to the scene of offence, they found one sand lorry bearing registration No.AP 31 TH 7229 and on verification of the bills of the sand, they found 25 tons sand unloaded at Gajuwaka, Viskahapatnam, but the driver of lorry tried to unload the sand in Yandada. Basing on the said allegations, the present crime was registered. 3. Heard Sri R.Siva Sai Swaroop, learned counsel for the petitioner and the learned Public Prosecutor for the respondentState. 4. Learned counsel for the petitioner submits that even if all the allegation in the complaint are taken at its face value, it will not attract the offence as alleged either under Section 379 IPC or under Section 21(1) of the MMDRA Act and submits that there is a specific bar in the said Act wherein 'designated officer is competent to file a complaint before the Magistrate by invoking a private complaint under Sections 190 and 200 of Cr.P.C, whereas the present complaint is filed basing on the complaint given by Sub Inspector of police. Though the petitioner has nothing to do with the offence, the petitioner has arrayed as accused and he is apprehending his arrest in the hands of police. 5. Learned Additional Public Prosecutor submits that the petitioner has already arrayed as A-3 and as far as the gravity of the offence under Section 379 IPC and Section 22(1) of MMRDA Act, the petitioner is not entitled for grant of bail. 6. The learned Additional Public Prosecutor relied on the judgment of the Hon'ble Apex Court in Sushila Aggarwal and others Vs. 6. The learned Additional Public Prosecutor relied on the judgment of the Hon'ble Apex Court in Sushila Aggarwal and others Vs. State (NCT of Delhi) and another in Special Leave petition (Criminal) Nos.7281-7282/2017. 7. The learned Additional Public Prosecutor submits that the punishment for the offence alleged against the petitioner is below seven years as such, the police will follow the procedure contemplated under Section 41-A Cr.P.C. 8. XXX XXX XXX 9. In that view of the matter and considering the submission of the learned Additional Public Prosecutor, this Criminal Petition is disposed of directing the police to follow the procedure contemplated under Section 41-A Cr.P.C. Any deviation in this regard will be viewed seriously. Consequently, miscellaneous applications pending, if any, shall stand closed.