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2025 DAILYLAW 12055 (AP)

BALAVANTHULA DEVI v. THANGELLA @ GURRALA ANITHA

CRLP/3063/2025 · 2025-03-21

Harinath N

body2025

Judgment text

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APHC010141632025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] FRIDAY, THE TWENTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 3063/2025 Between: Balavanthula Devi ...PETITIONER/ACCUSED AND Thangella Gurrala Anitha and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused: 1. INAPURAPU SURYANARAYANA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 2. HN, J Crl.P.No.3063_2025 2 The Court made the following Order: The petitioner is arraigned as an Accused No.2 in Crime No.60 of 2025, on the file of Gollaprolu Police Station, East Godavari District now Kakinada District, for the alleged offences under Sections 85, 318(4) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, “BNS”). 2. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. 3. Though the learned counsel for the petitioner filed this petition seeking the quashing of the FIR, they have, however, restricted the relief to the extent of directing the Investigating Officer to follow the procedure prescribed under Section 35(3) of the BNSS, and the guidelines prescribed by the Apex Court in Arnesh Kumar v. State of Bihar1. 4. The learned Assistant Public Prosecutor stated that he has no objection to give such a direction. 5. The criminal petition is disposed off by directing the Station House Officer, Gollaprolu Police Station, East Godavari District now Kakinada District, to follow the procedure as contemplated under 1 (2014) 8 SCC 273 HN, J Crl.P.No.3063_2025 3 Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”) insofar as the petitioner is concerned. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date: 21.03.2025 NKA HN, J Crl.P.No.3063_2025 4 92 HONOURABLE SRI JUSTICE HARINATH.N Criminal Petition No.3063 of 2025 Date: 21.03.2025 NKA