Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 17802 (AP)

PONNADA GOVIND RAJ v. THE STATE OF ANDHRA PRADESH

CRLP/5176/2025 · 2025-05-07

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI THURSDAY, THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE 1 PRESENT ' THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 5176 OF 2025 Between: 1. Ponnada Govind Raj, S/o Ponnada Veera Charyulu, aged 55 years, resident of 4 Imperial Place, Maxwell Road, Occ Business, Borehamwood, England WD61JN Accused No. 1 2. Ponnada Subba Lakshrni, W/o Ponnada Govind Raj, aged 51 years, Occ Business, resident of 4 Imperial Place Borehamwood, England WD61JN Accused No.2 (Represented by their POA Holder Mr. Bhupathi Bala Raju, S/o Kalyanam, Aged 33 years, residing at 4-69, S.C, Colony Balighatam, Narsipatnam, Anakapalli District-531116, Andhra Pradesh. Maxwell Road Accused No. 2 ...PETITIONER/ACCUSED AND 1. The State Of Andhra Pradesh, Rep. by Public Prosecutor, High Court of Andhra Pradesh, Amaravathi. 2. KWSN Rajesh, S/o Appaao, aged 37 years, R/o DG Jewel Apartments Peda Rushikonda, Visakhapatnam ...RESPONDENT/COMPLAINANTS Petition under Section 528 OF B.N.S.S, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court pleased to quash the proceedings against the Petitioners, Accused No. 1 and 2 in FIR. No. 413 of 2024 on the file of PM Palern Police Station, Visakhapatnam District. LA. NO: 3 OF 2025 / Petition under Section 528 OF B.N.S.S, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant interim stay of all further proceedings including appearance of the Petitioners in FIR. No. 413 of 2024 the file of PM Palem Police Station, Visakhapatnam District and pass This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri M V S ANIL KUMAR R, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent. The Court made the following: on APHC010244872025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY ,THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 5176/2025 Between: ...PETITIONER/ACCUSED(S) Ponnada Govind Raj and Others AND ...RESPONDENT/COMPLAINANT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner/accused(S): 1.M VS ANIL KUMAR R Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following Order: The petitioners are arrayed as accused Nos.1 and 2 in Crime No.413 of 2024, on the file of the PM Palem Police Station, Visakhapatnam district, for alleged offences under Sections 318(4) read with 3(5) of BNS. Heard learned senior counsel apearing for the petitioners and the learned Assistant Public Prosecutor appearing for the State. Though the learned counsel for the petitioners filed this petition seeking the quashing of the FIR, they have, however, restricted the relief to 2. 3. ^ — 2 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 Biha/. It is further submitted that the petitioners are citizens of United Kingdom and are intend to travel to India. The learned Assistant Public Prosecutor stated that he has no 4. objection to give such a direction. 5. The criminal petition is disposed of by directing the Station House Officer, PM Palem Police Station, Visakhapatnam 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 petitioners are concerned. The petitioners shall cooperate with the investigation, and as long as the petitioners cooperate for the investigation, the police are directed not to take any coercive steps against the petitioners. As a sequel, pending miscellaneous petitions, j^-a^y, shall stand 6. closed. (2014) 8 see 273 SD/- M SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. ThenStatlon House Officer, P.M. Palem P.S, Visakhapatnam District. 2^. One CC to Sri. MVS Anil Kumar R, Advocate [OPUC] 3. One CC to Sri. Public Prosecutor Advocate [OPUC] 4. Three CD Copies PNM PRK HIGH COURT DATED:08/05/2025 ORDER CRLP.No.5176 of 2025 DISPOSING THE CRLP