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2025 DAILYLAW 17240 (AP)

V. SARADA v. THE STATE OF ANDHRA PRADESH

CRLP/5322/2025 · 2025-05-08

Harinath N

body2025

Judgment text

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%%m IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI FRIDAY, THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 5322 OF 2025 Between: V. Sarada, W/o. Kamalakar Rao Aged about 65 years, Occ. Retired RDD R/o. Presently residing H.No . 5 - 1 - 27 / B VSR and NVR College, Itha Nagar, Tenali Town, Guntur District ...Petitioner/Accused No.1 AND 1. The State of Andhra Pradesh, rep. by its Public Prosecutor, High Court of A.P Amaravathi, Guntur District. 2. Smt. M. Sasikala, W/o. G. Venkata Subbaiah Aged about 48 Occ. Anganwadi Worker R/o. N. Palagiri Village Mandal Y.S.R Kadapa District. years, veerapunayunipalle ...Respondents/De-facto Complainants Petition under Section 437/438/439/482 of Cr.P.C praying that in the Petition, No. 274 / 2024 dated circumstances stated in the Memorandum of Grounds of Criminal the High Court pleased to quash the Crime 13.09.2024 on the file of the Kurnool III Town Police Station, Kurnool District Pending against the Petitioner / A1. I.A. NO: 2 OF 2C)9!> Petition under Section 482 circumstances stated in the Memorandum of Grounds of Criminal of Cr.P.C praying that in the Petition, the High Court may be pleased to stay of all further proceedings in Crime No. 274 / 2024 dated 13.09.2024 on the file of the Kurnool III Town, Police Station, Kurnool District including appearance of the Petitioner / A1 pending disposal of the Criminal Petition. k, i ■r. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri K Rama Koteswara Rao, Advocate for the Petitioner and the Public Prosecutor (TG/AP) on behalf of the Respondent No. 1. The Court made the following order: APHC010234432025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SMB [0] FRIDAY, THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 5322/2025 Between: V. Sarada ...PETITIONER/ACCUSED AND ...RESPONDENT/COMPLAINANT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner/accused: 1.K RAMA KOTESWARA RAO Counsel for the Respondent/complainant(S): 1.PUBLIC PROSECUTOR The Court made the following Order: I i'he petitioner is arraigned as an Accused No.1, in Crime No.274 of 2024, on the file of the Kurnool III Town Police Station, Kurnool District, for the alleged offence under Sections 166, 464, / \ 418, 471 read with 34 IPC. ^ - Heard the learned counsel for the petitioner and the learned 2. Assistant Public Prosecutor representing the State. Though the learned counsel for the petitioner filed this 3. 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\ 4. The learned Assistant Public Prosecutor stated that he has no objection to give such a direction. 5. The Criminal Petition is disposed of by directing the Station House Officer, Kurnool III Town Police Station, Kurnool 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. Interlocutory applications, if any, pending shall stand closed. ^ (2014) 8 see 273 Sd/- KJ RAJABABU ASSISTANT REGISTRAR //TRUE COPYII SEeTION OFFieER To, 1. The Special Commissioner Women Development and Child welfare Department, Guntur. 2. The Station House Officer, Kurnool III town Police Station, Kurnool. 3. One CC to Sri. K Rama Koteswara Rao Advocate [OPUC] 4. Two CCs to the Public Prosecutor, High court of Andhra Pradesh[OUT] 5. Three CD Copies GSC GSC HIGH COURT HN,J DATED:09/05/2025 ORDER CRLP.No.5322 of 2025 ^ n2/^iJG?n25 ^ . Curreni beciion ^ 'y/ X m DISPOSING THE CRIMINAL PETITION