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2025 DAILYLAW 16415 (AP)

PASALA SHIVASHANKAR REDDY ALIAS P SIVA REDDY v. THE STATE OF ANDHRA PRADESH

CRLP/4586/2025 · 2025-04-25

Harinath N

body2025

Judgment text

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THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4586/2025 ORDER:- 1. The petitioner is arraigned as accused No.1 in FIR No.361 of 2024, on the file of Vetapalem Police Station, Bapatla District, for alleged offences under 353(2), 352, 351(4), 196(1) of the BNS. 2. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor appearing for the State. 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, Vetapalem Police Station, Bapatla 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. ___________________ JUSTICE HARINATH.N Date: 25.04.2025 LSP 1 (2014) 8 SCC 273 2 HN, J CRL.P.NO.4586 OF 2025 86 THE HONOURABLE SRI JUSTICE HARINATH.N Criminal Petition No.4586 of 2025 Date: 25.04.2025 LSP