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High Court of Andhra Pradesh · body

2025 DAILYLAW 17543 (AP)

Rubbala Padma, v. Mundru Srihari Chakrapani,

CRLP/5274/2025 · 2025-05-08

Harinath N

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY THE NINTH DAY OF MAY TWO thousand AND TWENTY FIVE j PRESENT 1 THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETitlON NO: 5274 OF 2025 0 "M- o ao Between: Rubbala Padma, W/o.Srinu, Aged about 44 yrs, D.No.0-0 R/o -Govindapuram village, Jaggampeta Mandal, Kakinada District. (A-2) ...PETITIONER/ACCUSED No.2 AND 1. Mundru Srihari Chakrapani,r#o!Apparao, Aged about 74yrs, Mallisala village, Jaggampeta Mandalfekinada District. DEiFACTO COMPLAINANT/RESPONDENT 2. The State of Andhra PradestJi,fFlep.by public Prosecutor, High court of Andhra Pradesh, At Amara^bthT i ...RESPONDENT/COMPLAINANTS Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of GrbiJlnds of Criminal Petition, the High Court hnay be pleased to Quash the proceedings in Crime No. 59/2025, dated 07.02.2025, of Gokavaram Police Station, East Godavari District. 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 further'proceedings in Crime No. 59/2025, dated 07.02.2025, of Gokavaram Police Station, East Godavari District, against the Petitioner/Accused 2. T This Petition coming on for hearing upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Inapurapu Suryanarayana, Advocate for the Petitioner and the Public 'Prosecutor (AP) on behalf of the Respondent No.2. ^TheCcfurt made the following: ?: 5 ■ i -r X--. " 'y. r r v-y-" i APHC010239962025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] FRIDAY ,THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 5274/2025 Between: ...PETITIONER/ACCUSED Rubbala Padma, AND Mundru Srihari Chakrapani and Others ...RESPONDENT/COMPLAINANT(S ) Counsel for the Petitioner/accused: 1. INAPURAPU SURYANARAYANA \ Counsel for the Respondent/complainant(S): I 1.PUBLIC PROSECUTOR 2. The Court made the following Order: The petitioner is arrayed as accused No.2 in Crime No.59 of 2025, on the file of the Gokavaram Police Station, East Godavari district, for alleged offences under Sections 329(3), 324(4), 303(2), 351(3) read with 3(5) of BNS. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor appearing for the State. Though the learned counsel for the petitioner filed this petition seeking the quashing of the FIR, he has, however, restricted the relief to the 2. 3. 2 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, Gokavaram Police Station, East Godavari district, to follow the procedure as contemplated under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”) in so far as the petitioner is concerned. 6. As a sequel, pending miscellaneous petitions, if any, shall stand closed. T (2014) 8 see 273 / Sd/- M. SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Station House Officer, Gokavaram Police Station, East Godavari District 2. One CC to Sri Inapurapu Suryanarayana, Advocate [OPUC] 3. Three CD Copies. MKP ssb HIGH COURT DATED:09/05/2025 ORDER CRLP.No.5274 of 2025 DISPOSING THE CRIMINAL PETITION