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2025 DAILYLAW 13948 (AP)

BANDAR SUSHEEL KUMAR v. THE STATE OF ANDHRA PRADESH

CRLP/3686/2025 · 2025-07-09

Harinath N

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010169892025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY,THE TENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 3686/2025 Between: 1. BANDAR SUSHEEL KUMAR, S/O. BANDAR(LATE) ANAND, AGED 38YEARS, R/O. D.NO.12-399, SAI NAGAR, 3RD CROSS, NEAR OBULAYYA HOSPOITAL ANANTAPUR-515 001. 2. K. SUDHEER REDDY,, S/O. K. KONDA REDDY, AGED 33 R/O. DOOR NO. 12-2-177, MOOSAPET NEAR METRO STATION, HYDERABAD. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, AMARAVATI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, ANANTAPUR DISTRICT. 3. THE SUB DIVISIONAL POLICE OFFICER, ANANTAPURAMU URBAN, ANANTHAPURAMU. 4. THE STATION HOUSE OFFICER, P.S ANANTHAPURAMU I TOWN, ANANTHAPURAMU. 5. ERUKALA LAKSHMIDEVI, W/O. LATE ANANTAIAH, AGED 55 YEARS, HINDU, R/O. D.NO. 12/630, ASHOK NAGAR, ANANTHAPURAMU TOWN. ...RESPONDENT/COMPLAINANT(S): Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtpleased to (a) to quash the proceedings in Crime No. 34 of 2025 on the file of the Station House Officer, P.S Ananthapuram I Town for the offences punishable under Section 118(1), 126(2) r/w Sec. 3(5) BNSS and Sec. 3(1)(r )(s) of SC/ST POA Act in the interest of justice and (b) pass IA NO: 1 OF 2025 Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased pleased to dispense with filing of the original certified copy including appearance of the petitioners/Accused of Crime No. 34 of 2025 on the file of the Station House Officer, P.S: Ananthapuram I Town before this Hon’bie Court and pass IA NO: 2 OF 2025 Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the 2 High Court may be pleased pleased to stay of all further proceedings in Crime No. 34 of 2025 on the file of the Station House Officer, P.S; Ananthapuram I Town for the offences punishable under Section 118(1), 126(2) r/w Sec. 3(5) BNSS and Sec. 3(1)(r )(s) of SC/ST POA Act.in the interest of justice and in the interest of justice and pass Counsel for the Petitioner/accused(S): 1. MALLAVOLU NIKITHA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 2. K NARSI REDDY The Court made the following: 3 THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 3686/2025 ORDER : 1. The learned counsel for the petitioners submits that the 1st petitioner belongs to SC Community. As such the offence under Section 3(1)(r)(s) of SC /ST POA Act cannot be made applicable to the 1st petitioner. The learned counsel or the petitioner places reliance on the Community Certificate dated 02.08.2020 issued by the Grama Ward Sachivalayam of the Revenue Department. 2. The learned counsel appearing for the 5th respondent submits that this Court had directed the police to complete the investigation under Section 35(3) of BNSS (Section 41-A of Cr.P.C.,) 3. Recording the submission, the investigation officer in Crime No.34 of 2025 to complete the investigation in accordance with Section 35(3) of BNSS by duly taking into consideration of the community certificate of the 1st petitioner 4. Accordingly, the criminal petition is disposed off. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ___________________ JUSTICE HARINATH.N KGM 4 260 THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 3686/2025 Dated 10.07.2025 KGM