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2025 DAILYLAW 13401 (AP)

Kolla Manikyam, v. The State of Andhra Pradesh,

CRLP/3790/2025 · 2025-04-08

Harinath N

body2025

Judgment text

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APHC010160872025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY ,THE EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 3790/2025 Between: Kolla Manikyam, and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused(S): 1. O UDAYA KUMAR Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following Order: The petitioners are arraigned as Accused Nos.1 to 6 in FIR No.102 of 2025, on the file of Duvvada Police Station, Visakhapatnam, for alleged offences under Sections 318(4), 336(3), 340(1) read with 3(5) of BNS Act. 2. Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor. 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, Duvvada Police Station, Visakhapatnam, 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 petitioners are concerned. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N BMS 1 (2014) 8 SCC 273