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2025 DAILYLAW 14065 (AP)

Guggili Leela Mohan Krishna, v. THE STATE OF ANDHRA PRADESH

CRLP/3749/2025 · 2025-04-08

Harinath N

body2025

Judgment text

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APHC010171852025 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: 3749/2025 Between: Guggili Leela Mohan Krishna, and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused(S): 1. RAMAKRISHNA AKURATHI Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: 2 THE HON’BLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.3749 OF 2025 ORDER: 1. Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor appearing for the State. 2. The learned counsel for the petitioners submits that the petitioners were arraigned as A.1 to A.3 in Crime No.32 of 2025 of Rampachodavaram Police Station, Alluri Seetaramaraju District, registered for the alleged offence under Section 420 of the Indian Penal Code, 1860. 3. It is alleged in the complaint that the petitioners had promised employment upon payment of certain amounts and had collected money from various individuals. 4. The learned counsel for the petitioners submits that the police harassed the petitioners to repay the money to the unknown persons. In this context, the first petitioner filed W.P.No.8032 of 2025, asserting that the police harassed the petitioners to repay the alleged amounts to unidentified parties.This Court, vide order dated 28.03.2025, disposed off the writ petition with a direction to the police not to disturb the peace of the petitioner without following the due process of law.However, it is submitted that, on the very same day, the police, Rampachodavaram Police Station, registered a case in Crime No.32 of 2025 against the petitioners. 3 5. The learned counsel further submits that petitioners 2 and 3 have been falsely implicated in the said case, despite never having received any money from third parties and that the 3rd petitioner is a senior citizen aged 70 years and as the matter concerns the 1st petitioner and his wife who is the 2nd petitioner, and therefore, seeks a direction to the police to follow the procedure provided under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023. 6. Considering the submissions of the learned counsel for the petitioner, the Station House Officer, Rampachodavaram Police Station, Alluri Seetaramaraju District, is directed to follow the procedure as contemplated under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, insofar as the petitioners2 and 3 are concerned, for the purpose of investigation in connection with Crime No.32 of 2025. 7. Accordingly, the criminal petition is disposed off. 8. Miscellaneous petitions, if any, pending in the criminal petition shall stand closed. ___________________ JUSTICE HARINATH.N Dt.08.04.2025 BV