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2025 DAILYLAW 11283 (AP)

POSANI KRISHNA MURALI v. THE STATE OF ANDHRA PRADESH

CRLP/2801/2025 · 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 AMARAVATI THURSDAY, THE THIRTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N 15 ¥ or r CRIMINAL PETITION NO: 2801 OF 2025 Between: Posani Krishna Murali, S/o. Posani Subba Rao, Aged about 66 R/o. Door No.8-3-430/1/24, New Science Colony, LR Reddy Guda, Hyderabad Telangana State, currently residing at Flat No. D2202, My Home Booja Apartments, Rayadurgam, Gachibowli, Hyderabad. years, ...Petitioner/Accused AND 1. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh, Rep by Bapatia Town Police Station Guntur District. ...Respondent No.1 2. Vemavarapu Vijaya Kumar, S/o Daniel, R/o D.No 5-1-32/65, 10 Ward, Baptla. ...Respondent No.2/De-facto Complainant Petition under Section 528 of BNSS, circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings in FIR.No. 371 of 2024 dt 14.11.2024 on the file of the Bapatia Town Police Station District for the offences under Section 196(1) and 353(2) and 79 of BNS praying that in the Guntur I.A. NO: 2 OF 2025 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all further proceedings in FIR.No. 371 of 2024 dt 14.11.2024 on the file of Bapatia Town Police Station, Guntur District, for the offences under Section 196(1) and 353(2) and 79 of BNS,; including the arrest of the accused. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Sudharsana Reddy J, Advocate for the Petitioner and the Prosecutor on behalf of the Respondent No.1 and none appeared for the Respondent No.2 Public The Court made the following; % 1 APHC010130242025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [0] THURSDAY, THE THIRTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 2801 of 2025 Between: ...PETITIONER/ACCUSED Posani Krishna Murali AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT(S) and Others Counsel for the Petitioner/accused: 1. Sudharsana Reddy J Counsel for the Respondent/complainant{S): 1.PUBLIC PROSECUTOR The Court made the following Order: This Criminal Petition under Section 528 of B.N.S.S., is filed seeking quashment of proceedings in FIR.No.371 of 2024 of Bapatia Town Police Station, Guntur District, pending against the petitioner, for the offences under Section 196 (1) and 353 (2) and 79 of BNS. If 2 Today, when the matter is taken up for hearing, learned counsel for the petitioner confined his argument to the extent of protecting the petitioner herein from the police on the ground that the offences alleged are punishable with imprisonment of less than seven (07) years and prays this Court to direct the police to follow the procedure as contemplated under Section 35(3) of BNSS. 2. 3. Heard. Perused the material on record. It is seen that all the offences alleged are punishable with imprisonment of seven years and less than seven years. In these circumstances, investigating Police are directed to comply with Section 35(3) of BNSS and ail the directions given by the Hon’ble Supreme Court in the judgment in Arnesh Kumar vs. State of Bihar and other related rulings. 4. 5. With these observations, the Criminal Petition is disposed of. Miscellaneous petitions, if any pending, in the Criminal Petition, shall stand closed. Sd/- K. SRINIVASA RAJU ASSISTANT REGISTRAR //TRUE COPY// / SEC N OFFICER To, o’ Officer, Bapatia Town Police Station, Guntur District 2. une CC to Sri Sudharsana Reddy J, Advocate [OPUC] 3. Two CC's to The Public Prosecutor, High Court of Andhra Pradesh Amaravati [OUT] 4. Two CD Copies at SAM RAM HIGH COURT DATED: 13/03/2025 ORDER CRLP.No.2801 of 2025 13 MAR 2025 ^ ^ . Current Section DISPOSING OF THE CRLP