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2025 DAILYLAW 16071 (AP)

MAMILLA NARESH KUMAR v. THE STATE OF ANDHRA PRADESH

CRLP/4549/2025 · 2025-04-25

Harinath N

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

the high court of ANDHRA PRADESH AT AMARAVATI IN FRIDAY, THE TWENTY FIFTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4549 OF 2025 Between: 35 Years, Mamilla Naresh Kumar, S/o Bala Nagaiah Hindu Aged About R/o D.No S7/33, 6th BN APSP Camp, Mangalagiri, Po, Mangalagiri Mandal, Guntur District. ...Petitioner/Accused AND 1. The State of Andhra Pradesh, represented by Public Prosecutor, Amaravati. 2. The State SHO Mangalagiri Town, Mangalagiri, Guntur District. 3. Velapati Siddu, S/o Rambabu, Hindu Aged 24 Years, R/o 5- 597, baptistpeta, Mangalagiri, Guntur District. ...Respondent/Complainant praying that in the Petition under Section 528 of BNSS circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the Crime No90/2025 Dated 28- 03-2025, on the file of Mangalagiri Town Police Station, Guntur District U/s 318(4) BNS against the Petitioner. % I.A. NO: 2 OF 2025 Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to Stay all the further proceedings in the Crime NO:90/2025 Dated 28-03-2025, on the file of Mangalagiri Town Police Station, Guntur District U/s 318(4) BNS against the Petitioner. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Mareedu Sasidhar, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent. The Court made the following: APHC010210342025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] FRIDAY ,THE TWENTY FIFTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4549/2025 Between: Mamilla Naresh Kumar ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused; 1.MAREEDU SASIDHAR Counsel for the Respondent/complainant{S): 1. PUBLIC PROSECUTOR The Court made the following: 2 HN, J CRLP.N0.4549 OF 2025 % THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4549/2025 ORDER:- The petitioner is arraigned as accused in FIR No.90 of 2025, on the file of Mangalagiri Town Police Station, Guntur District, for alleged offences under 318(4) of the BNS. 1. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor appearing for the State. 2. 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 Bihar\ 3. The learned Assistant Public Prosecutor stated that he has no objection to give such a direction. 4. 5. The Criminal Petition is disposed off by directing the Station House Officer, Mangalagiri Town Police Station, Guntur 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. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ^ (2014) 8 see 273 Sd/- SHAIK MOHD. RAFI ASSISTANT registrar //TRUE COPY// OFFICER SE To, 1. The Station House Officer, Mangalagiri Town, Mangalagiri, Guntur District. 2. One CC to Sri. Mareedu Sasidhar, Advocate [OPUC] 3. Two CCs to Public Prosecutor, High Court of Andhra Pradesh [OUT] 4. Three CD Copies PR sree HIGH COURT DATED;25/04/2025 ORDER CRLP.No.4549 of 2025 i 01 MAY 2025 r ^ . Current Section DISPOSING THE CRLP