Extracted from the PDF above. The PDF is authoritative.
1 HN, J Crl.P.No.3416_2025
APHC010158362025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] FRIDAY ,THE TWENTY EIGHTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 3416/2025 Between: Mudraboina Gopi and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused(S):
1. NAGESHWAR RAO PUJARI Counsel for the Respondent/complainant(S):
1. PUBLIC PROSECUTOR
2 HN, J Crl.P.No.3416_2025
The Court made the following Order:
1. The petitioners are arraigned as Accused Nos.1 to 4, in Crime No.120 of 2025, on the file of Mangalgiri Police Station, Guntur District, for the alleged offence under Sections 85 and 79, read with Section 3(5) of the BNS and Sections 3 and 4 of the Dowry Prohibition Act, 1961.
2. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor.
3. It is submitted that the petitioners are residing in Kondapur, Hyderabad, and that they are repeatedly being called for the case of investigation.
4. Though the learned counsel for the petitioners 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.
5. The learned Assistant Public Prosecutor stated that he has no objection to give such a direction.
6. The Station House Officer, Mangalgiri Police Station, Guntur District, is directed to complete the investigation by following the procedure as contemplated under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita,
1 (2014) 8 SCC 273
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2023 (for short, “BNSS”), insofar as the petitioners are concerned. The SHO is further directed to complete the investigation and record the statements of the petitioners by giving them adequate time.
7. Accordingly, the Criminal Petition is disposed off.
As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date: 28.03.2025 NKA
4 HN, J Crl.P.No.3416_2025
80 HONOURABLE SRI JUSTICE HARINATH.N
Criminal Petition No.3416 of 2025
Date: 28.03.2025
NKA