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2025 DAILYLAW 10806 (AP)

MULLAPUDI KAMAL KUMAR v. THE STATE OF ANDHRA PRADESH

CRLP/2659/2025 · 2025-03-13

Harinath N

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI THURSDAY ,THE THIRTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 2659 OF 2025 Between: 1. Mullapudi Kamal Kumar. S/o Surya Prakash Aged 47 years, R/o D.No. 26-14-13 Raghu ram nagar, 1st line Nagaram Palem Guntur, Guntur District 2. Mullapudi Sneha Sai, D/o Mullapudi Kamal Kumar Age 20 years, R/o D.No. 26-14-13 Raghu ram nagar, 1st line Nagaram Palem Guntur, Guntur District 3. Mullapudi Mallika, W/o M.Kamal Kumar Age 43 years, R/o D.No. 26-14- 13 Raghu ram nagar, 1st line Nagaram Palem Guntur, Guntur District 4. Mullapudi Prudhvi Raj, S/o Mullapudi Kamal Kumar Age 20 years, R/o D.No. 26-14-13 Raghu ram nagar, 1st line Nagaram Palem Guntur, Guntur District ...Petitioner/Accused AND 1. The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh At Amaravati, through the Station House Officer Nagarampalem P.S, Guntur District 2. Mullapudi Kankshitha, D/o M.Padmaja Age 20 years, R/o D.No. 26-14- 15 Raghu ramnagar, 1st line Nagaram Palem Guntur, Guntur District ...Respondent/Complainant Petition under Section 528 of B.N.S.S is filed praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the Hjgh Court may be be pleased to quash the proceedings in Cr.No.319 / Of 2024"on the file of Nagarampalem P.S, Guntur District against the ; Petitioners/Accused Nos. 1 to 4. . 4 I.A^ NO: 2 OF 2025 Petition under Section 482 of Cr.P.C is fHed praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant stay of all further proceedings in Cr.No.319 of 2024 on the file of Nagarampalem P.S, Guntur District against the Petitioners/Accused Nos. 1 to 4 including arrest of the petitioners/Accused Nos. 1 to 4 pending disposal of the above Criminal petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Ramineni Sudheer, Advocate for the Petitioners and the Public Prosecutor on behalf of Respondent No.1. The Court made the following Order: w APHC010123552025 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: 2659/2025 Between: Mullapudi Kamal Kumar and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh and Others Counsel for the Petitioner/accused(S): 1.RAMINENI SUDHEER 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.2659 OF 2025 ORDER: 1. Heard the learned counsel for the petitioners. 2. The learned counsel for the petitioners submits that the petitioners were arraigned as A.1 to A.4 in Crime No.319 of 2024 of Nagarampalem Police Station, Guntur District, registered for the alleged offences under Sections 115(2), 351(2), 79 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023, based on the complaint of the 2^^ respondent. 3. It is submitted that the 2"^ respondent is in the habit of filing complaints against the petitioners and his family members, including their children. It is submitted that there were civil disputes between the petitioners and the 2^^ respondent’s family and that the 1 petitioner has filed a suit in O.S. No. 124 of 2024 against the 2 respondent, and the same is pending adjudication. On account of civil disputes, the 2^^^^ respondent has filed several complaints. 4. The learned counsel further submits that the offences alleged against who are the students. St nd the petitioners are punishable below 7 years and, therefore, seeks a direction to the police to follow the procedure provided under Section 35(3) of the Bharatiya Nagarik SurakshaSanhita, 2023. 5. Considering the submissions of the learned counsel for the petitioner, this Court deems it appropriate to dispose of the criminal petition by directing the Investigation Officer/ Station House Officer, Nagarampalem Police Station, Guntur District, to follow the procedure as contemplated under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, insofar as the petitionersare concerned, for the purpose of investigation in connection with Crime No.319 of 2024. 6. Accordingly, the criminal petition is disposed off. Miscellaneous petitions, if any, pending in this criminal petition shall stand closed. 7. Sd/- B CHITTI JOSEPH assistant registrar //true copy// OFFICER S P.S, Guntur District To House Officer Nagarampalem i Sudheer Advocate [OPUC] High Court of Andhra Pradesh at 1. The Station 2. One CC to Sri. Ramineni 3. Two CCS to the Public Prosecutor - Amaravathi [OUT] 4. Two CD Copies stu HIGH COURT DATED: 13/03/2025 ORDER CRLP.No.2659 of 2025 I OS APR 2025 § ^ * Current Seciion , to!.y DISPOSING OF THE CRIMINAL PETITION