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2025 DAILYLAW 12438 (AP)

M GAFFAR KHAN v. M ARSHAD AYUB KHAN

CRLP/3175/2025 · 2025-03-25

Harinath N

body2025

Judgment text

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APHC010146722025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY ,THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 3175/2025 Between: M Gaffar Khan ...PETITIONER/ACCUSED AND M Arshad Ayub Khan and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused: 1. D PURNACHANDRA REDDY Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 2. The Court made the following Order: The petitioner is arrayed as an accused in Cr.No.24 of 2025, on the file of Chittoor II Town Police Station, Chittoor District for alleged offence under Sections 153(a), 469, 504, 505(2) of IPC and Section 66-D of IT Act -2000 - 2008. 2. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor appearing for the State. 2 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 of by directing the Station House Officer, Chittoor II Town Police Station, to follow the procedure as contemplated under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”) in so far as the petitioner is concerned. 6. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ______________________ JUSTICE HARINATH.N BMS 1 (2014) 8 SCC 273