Extracted from the PDF above. The PDF is authoritative.
1 HN, J Crl.P.No.4123_2025
APHC010192802025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY ,THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4123/2025 Between: G Durga Lova ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused:
1. V VINOD K REDDY Counsel for the Respondent/complainant(S):
1. PUBLIC PROSECUTOR
2 HN, J Crl.P.No.4123_2025
The Court made the following Order:
1. The petitioner is arraigned as an Accused, in FIR No.46 of 2025, on the file of Marripadu (D.C.Palli) Police Station, S.P.S.R. Nellore District, for the alleged offence under Sections 126(2), 115(2) and Secyion 292 of the BNS (corresponding to Sections 341, 323 and 292 of the IPC).
2. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor.
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 off by directing the Station House Officer, Marripadu (D.C.Palli) Police Station, S.P.S.R. Nellore District, to follow the procedure as contemplated under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”) insofar as the petitioner is concerned.
1 (2014) 8 SCC 273
3 HN, J Crl.P.No.4123_2025
As a sequel, pending miscellaneous petitions, if any, shall stand closed.
___________________ JUSTICE HARINATH.N Date: 17.04.2025 NKA
4 HN, J Crl.P.No.4123_2025
43 HONOURABLE SRI JUSTICE HARINATH.N
Criminal Petition No.4123 of 2025
Date: 17.04.2025
NKA