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2025 DAILYLAW 15946 (AP)

PEBBILI UMAMAHESWARI v. THE STATE OF ANDHRA PRADESH

CRLP/4379/2025 · 2025-04-23

Harinath N

body2025

Judgment text

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1 HN, J Crl.P.No.4379_2025 APHC010206492025 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: 4379/2025 Between: Pebbili Umamaheswari and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): 1. R SIVA SAI SWARUP Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR 2 HN, J Crl.P.No.4379_2025 The Court made the following Order: 1. The petitioners are arraigned as Accused Nos.2 and 3 in FIR No.110 of 2024, on the file of Pendurthy Police Station, Visakhapatnam District, for alleged offences under Sections 341, 354-A, 354, 323, 506 and Section 34 of the IPC. 2. Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor 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, Pendurthy Police Station, Visakhapatnam 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: 23.04.2025 NKA 1 (2014) 8 SCC 273 3 HN, J Crl.P.No.4379_2025 74 HONOURABLE SRI JUSTICE HARINATH.N Criminal Petition No.4379 of 2025 Date: 23.04.2025 NKA