IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD DATED: THIS the 13th day of April, 2011. PRESENT: THE HON’BLE SRI JUSTICE N. RAVI SHANKAR Crl.P.No. 3173 of 2011 Between: Mangipudi Prasad ..Petitioner and The state of AP and another Respondents THE HON’BLE SRI JUSTICE N. RAVI SHANKAR Crl.P.No. 3173 of 2011 O R D E R: In this petition filed under section 482 Cr.P.C., the petitioner seeks quashing of the FIR in Cr.No. 7 of 2011 of Vizianagaram II Town Police Station. 2. The petitioner is shown as A-1 in the above case and the offences alleged against him are those punishable under sections 409, 420, 468, 471 read with 34 IPC. It is seen that the said case was registered on a complaint filed by the second respondent herein. 3. The offence relates to embezzlement of certain funds belonging to Endowments Department by the petitioner herein, when he was working as an Inspector in Endowments Department at Vizianagaram District. The plea of the petitioner is that he was earlier placed under suspension; that in the departmental proceedings he was visited with the penalty of reversion to a lower post and that he also paid the amounts. He, therefore, say that the FIR against him should be quashed. 4. I must mention here that the petitioner herein earlier filed Crl.P.No. 2068 of 2011 for quashing the very same FIR. That petition was dismissed by this court holding that the departmental proceedings, even if they end in favour of the petitioner, cannot exonerate him from criminal proceedings. The petitioner has once again approached this Court for quashing the said FIR on the very same grounds. I, therefore, regret that I cannot agree with the contention of the learned counsel for the petitioner. 5. The learned counsel for the petitioner, however, pointed out that though the matter is 3 – 4 years old, the concerned police are after him now to arrest and he is more worried abut the same. In the previous order in Crl.P.No. 2068 of 2011, this court directed the police to strictly follow the latest amendment made to S. 41 Cr.P.C., and then take steps regarding his arrest. The learned counsel for the petitioner submits that the police have totally ignored S.41 Cr.P.C.; that they are now after him and that if he is arrested, he will loose his job now and that apart, his arrest may seriously affect his mother’s health, whom he has to look after. 6. It may be noted that this court can only direct the police to follow the Law in making or effecting arrest; but cannot fetter their discretion or powers. Hence, once again instructing the police to follow S. 41 Cr.P.C., as it stands now, this petition is dismissed. _____________________ N. RAVI SHANKAR, J. April 13, 2011. *BVS THE HON’BLE SRI JUSTICE N. RAVI SHANKAR Crl.P.No. 3173 of 2011 April 13, 2011