DODDA RAKESH GANDHI v. THE STATE OF ANDHRA PRADESH
CRLP/2633/2025 · 2025-03-17
Venkata Jyothirmai Pratapa
body2025
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[ 2025 DAILYLAW 10672 (AP) · dailylaw.ai ]
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[ 2025 DAILYLAW 10672 (AP) · dailylaw.ai ]
Judgment text
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APHC010122522025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT
THE HONOURABLE SMT DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 2633/2025 Between: Dodda Rakesh Gandhi ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused:
1. PAPUDIPPU SASHIDAR REDDY Counsel for the Respondent/complainant:
1. PUBLIC PROSECUTOR The Court made the following Order:
This Criminal Petition under Section 482 of B.N.S.S., is filed by the petitioner herein seeking to grant anticipatory bail in Crime No.332 of 2024 of Chirala I Town Police Station, Bapatla District, registered for the offences punishable under Sections 352, 353(2) and 196(1) of the BNS and Section 67 of the ITA-2000-2008.
2.
Learned counsel for the petitioner, after arguing for some time, has confined his argument to the extent of protecting the petitioner herein from the coercive action by the police on the ground that the offences alleged are punishable with imprisonment of less than seven years and prays this Court to direct the police to follow the procedure as contemplated under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
3. On the other hand, learned Assistant Public Prosecutor did not oppose the same and concurred with the submission made by the
learned counsel for the petitioner for the reason that the offences alleged are punishable with imprisonment of less than seven years.
2 Dr.VJP,J Crl.P.No.2633 of 2025
4. Heard. Perused the material on record.
5. Since the offences alleged are punishable with imprisonment of less than seven years, this Court directs the police to follow the procedure as contemplated under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, scrupulously, as per the guidelines enunciated in Arnesh Kumar Vs. State of Bihar and another1.
6. With the above directions, the Criminal Petition is disposed of.
Miscellaneous applications pending, if any, shall stand closed.
___________________________________
Dr. VENKATA JYOTHIRMAI PRATAPA,J
Date:17-03-2025 ASR
1 (2014) 8 SCC 273
3 Dr.VJP,J Crl.P.No.2633 of 2025
THE HONOURABLE SMT DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
CRIMINAL PETITION No.2633 of 2025
DATE:17.03.2025
ASR