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2025 DAILYLAW 15301 (AP)

BATHALA RAJITHA v. THE STATE OF ANDHRA PRADESH

CRLP/4112/2025 · 2025-04-17

Harinath N

body2025

Judgment text

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1 HN, J Crl.P.No.4112_2025 APHC010194902025 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: 4112/2025 Between: Bathala Rajitha and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused(S): 1. RAJA SEKHAR SYKAM Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 2 HN, J Crl.P.No.4112_2025 The Court made the following Order: 1. The petitioners are arraigned as accused Nos.1 and 2, in FIR No.195 of 2025, on the file of Vedayapalem Police Station, S.P.S.R. Nellore District, for the alleged offence under Sections 318(4), 319(2) of the BNS. 2. Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor. 3. 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. 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, Vedayapalem 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 petitioners are concerned. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date: 17.04.2025 NKA 1 (2014) 8 SCC 273 3 HN, J Crl.P.No.4112_2025 35 HONOURABLE SRI JUSTICE HARINATH.N Criminal Petition No.4112 of 2025 Date: 17.04.2025 NKA