Munuswamy Gayathri, v. The State of Andhra Pradesh
CRLP/4389/2025 · 2025-04-23
Harinath N
body2025
DailyLaw.ai
[ 2025 DAILYLAW 15873 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 15873 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1 HN, J Crl.P.No.4389_2025
APHC010205342025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY ,THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4389/2025 Between: Munuswamy Gayathri, and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused(S):
1. HARINATH REDDY SOMA Counsel for the Respondent/complainant(S):
1. PUBLIC PROSECUTOR
2 HN, J Crl.P.No.4389_2025
The Court made the following Order:
1. The petitioners are arraigned as Accused Nos.1 and 2 in FIR No.33 of 2025, on the file of Gudur II Town Police Station, Tirupathi District, for alleged offences under Sections 131(Section 352 of the IPC), 324(4) (Section 425 of the IPC), 351(2) (Section 503 of the IPC) read with Section 3(5) (Section 34 of the IPC) of the BNS.
2. Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor appearing for the State.
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, Gudur II Town Police Station, Tirupathi 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.
1 (2014) 8 SCC 273
3 HN, J Crl.P.No.4389_2025
As a sequel, pending miscellaneous petitions, if any, shall stand closed.
___________________ JUSTICE HARINATH.N Date: 23.04.2025 NKA
4 HN, J Crl.P.No.4389_2025
76 HONOURABLE SRI JUSTICE HARINATH.N
Criminal Petition No.4389 of 2025
Date: 23.04.2025
NKA