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2025 DAILYLAW 10725 (AP)

RAVI KUMAR LAKSHMISETTY v. THE STATE OF ANDHRA PRADESH

CRLP/2629/2025 · 2025-03-13

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

\ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAV THURSDAY, THE THIRTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 2629 OF 2025 Between: 1. Ravi Kumar Lakshmisetty, S/o. Sriramulu Aged about 45 years, Occ. Business, R/o. 25-17-343/A/4, Srinivasarao Thota, Guntur, Guntur District. (A-1) 2. Rajyalakshmi @ Rajeswari Lakshmisetty, W/o. Ravi Kumar, Aged about 40 years, Occ. house wife, R/o. 25-17-343/A/4, Srinivasarao Thota Guntur, Guntur District. (A-2) 3. Abhiram @ Ranga Sai Lokesh Kumar Lakshmisetty, S/o. Ravi Kumar, aged about 19 years, Occ. Student, R/o. 25-17-343/A/4, Srinivasarao Thota, Guntur, Guntur District. (A-4) 4. Markandeyulu Tanneeru, S/o. Srinivasa Rao, Aged about 37 years, Occ. Private employee, R/o. 5-51, Etukuru Village, Guntur Rural Mandal, Guntur District. (A-5) 5. Puma @ Purnachandra Rao Tanneeru, S/o.Markandeyulu, Aged about 35 years, Occ. Private employee, R/o. 5-51, Etukuru Village, Guntur Rural Mandal, Guntur District. (A-6) ...PETITIONERS / ACCUSED No.1,2,4 to 6 AND 1. The State Of Andhra Pradesh, through Station House Officer, Atchampet Police Station, Guntur District, rep.by its Public Prosecutor, High Court of A.P at Amaravathi. 2. Ambati Narasimha Rao, S/o. Narayana, R/o. Pedapalem Village, Atchampet Mandal Palnadu District. ...RESPONDENTS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court pleased to quash the proceedings in F.I.R. No. 111 of 2024, dated 21-06-2024 on the file of Atchampet Police Station, Palnadu District, against the petitioners /Accused No. 1,2, 4 to 6 I.A. NO: 1 OF 2025 ■Petition under Section 528 of BNSS Petition under Section 528 of BNSS, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay of all further proceedings including the arrest of the petitioners / Accused No.1, 2, 4 to 6 in Cr. No. Ill of 2024 on the file of Atchampet Police Station, Palnadu District, during the pendency of this criminal petition This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Nageswara Rao Chava, Advocate for the Petitioner and the Public Prosecutor (AP) on behalf of the Respondent No.1 The Court made the following: I APHC010122412025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY .THE THIRTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 2629/2025 Between: Ravi Kumar Lakshmisetty and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh and Others Counsel for the Petltioner/accused(S): 1. NAGESWARA RAO CHAVA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: ...RESPONDENT/COMPLAINANT(S) THE HON’BLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.2629 OF 2025 ORDER: 1. Heard the learned counsel for the petitioners. The learned counsel for the petitioners submits that the petitioners were arraigned as A.1, A.2 and A.4 to A.6 in Crime No.111 of 2024 of Atchampet Police Station, Palnadu District, registered for the alleged offence under Sections 420, 506 read with Section 34 of the Indian Penal Code, 1860 (hereinafter referred as ‘I.P.C.’) based on the complaint of the 2"^ respondent. The learned counsel further submits that the 2"'^ petitioner is the wife, the 3'''^petitioner is the son, and petitioners 4 and 5 are the brothers-in- law of the 1^* petitioner. It is submitted there is a business transaction involving the purchase of chilli, where the 1®* petitioner bought chilli from the 2'^^respondent.The learned counsel further submits that theother 2. 3. petitioners have nothing todo with the business. 4. When the matter came up for hearing, Sri Y. Sitaram, learned counsel representing the 2"‘^respondent, submitted that petitioners 4 and 5 had also purchased chilli and that several amounts due and payable by the 1®‘petitioner. 5. The learned counsel for the petitioner submits that the offences alleged against the. petitioners are punishable below 7 years and, therefore -2- CRL.P. No.2629of2025 seeks a direction to the police to follow the procedure provided under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023. 6. Considering the submissions of the learned counsel for the petitioners, this Court deems it appropriate to dispose of the criminal petition by directing the Investigation Officer/ Station House Officer, Atchampet Police Station Palnadu District, to follow the procedure contemplated under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, insofar as the petitioners are concerned, for the purpose of investigation in connection with Crime No. 111 of 2024. 7. Accordingly, the criminal petition is disposed off. 8. Miscellaneous petitions, if any, pending in the criminal petition shall stand closed. as Sd/- K. KASI RAO ACHARI ASSISTANT REGISTRAR //TRUE COPY// SECT ON OFFICER To 1. The Station House Officer, Atchampet Police Station, Palnadu District 2. One CC to Sri Nageswara Rao Chava, Advocate [OPUC] 3. Two CC to Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. [OUT] 4. Three CD Copies MV / HIGH COURT MV DATED: 13/03/2025 ORDER CRLP.No.2629 of 2025 = 0 8 APR 2025 *3 ^ Current Section ^ DISPOSING OFF THE CRLP