KODALI SRI VENKATESWARARAO @ KODALI NANI v. THE STATE OF ANDHRA PRADESH
CRLP/2704/2025 · 2025-03-12
Harinath N
body2025
DailyLaw.ai
[ 2025 DAILYLAW 10962 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 10962 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
THE HON’BLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.2704 OF 2025 ORDER:
1. This criminal petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is filed by the petitioner seeking to quash the proceedings in Crime No.271 of 2024 of III Town Police Station, Visakhapatnam Commissionerate, registered against him for the alleged offences under Sections 353(2), 352, 351(4), 196(1) of the Bharatiya Nyaya Sanhita, 2023 and Section 67 of the Information Technology Act 2000-2008.
2. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor appearing for the State.
3. The learned counsel for the petitioner submits that the petitioner was arraigned as accused in Crime No.271 of 2024 of III Town Police Station, Visakhapatnam Commissionerate, based on the complaint of the 2nd respondent. It is alleged in the complaint that the petitioner posted defamatory content on social media platforms against the political leaders and their family members. The learned counsel further submits that the petitioner was falsely implicated in the case.
4. The learned Assistant Public Prosecutor appearing for the State submits that the crime is at the stage of investigation.
5. The learned counsel further submits that the offences alleged against the petitioner 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 Suraksha Sanhita, 2023.
6. Considering the submissions of the learned counsel for the petitioner, this Court deems it appropriate to dispose off the criminal petition by directing the Investigation Officer/ Station House Officer, III Town Police Station, Visakhapatnam Commissionerate, to follow the procedure as contemplated under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 for the purpose of investigation in connection with Crime No.271 of 2024.
7. Accordingly, the criminal petition is disposed off.
8. Miscellaneous petitions, if any, pending in the criminal petition shall stand closed. ____________________ JUSTICE HARINATH. N BV