KANDIMALLA KOTESWARAMMA v. THE STATE OF ANDHRA PRADESH
CRLP/5524/2025 · 2025-06-15
Harinath N
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 18000 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 18000 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010249192025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 5524/2025 Between:
1. Kandimalla Koteswaramma, W/0 Late Appa Rao Aged About 54 Years, Occ Mid-Day Meal Cook, R/0 Morjampadu Village, Machavaram Mandal Palnadu District, Andhra Pradesh - 522 413
2. Kandimalla Syda Rao, S/0 Late Kandimalla Appa Rao Aged 38 Years, Occ Mid-Day Meal-Helper-Cook, R/0 Morjampadu Village, Machavaram Mandal Palnadu District, Andhra Pradesh - 522 413
3. Kandimalla Anjali, W/0 Kandimalla Syda Rao Aged About 32 Years, R/0 Morjampadu Village, Machavaram Mandal Palnadu District, Andhra Pradesh - 522 413 ...PETITIONER/ACCUSED(S) Occ Agriculturist-Cum-Sweets Vendor AND I.The State Of Andhra Pradesh, (Sub-Inspector Of Police, Machavaram P.S, Palnadu District) Rep.By Its Public Prosecutor, A.P High Court Buildings Amaravati, Guntur District, Andhra Pradesh - 522 238 2.Gurram Subbayamma, W/o Gurram Ramaiah Aged 70 Years,Occ Home Maker R/0 Morjampadu Village, Machavaram Mandal, Palnadu District, Andhra Pradesh - 522 413 RESPONDENT/COMPLAINANT(S): Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtpleased to Quash the case in Crime (F.I.R).No.85 of 2024, registered by S.H.O/Sub-lnspector of Police, Machavaram P.S, Palnadu District, for the
alleged offences U/s 351 and 79 herein/accused Nos.l to 3, JA NO: t OF 2n7fi r/w 3(5) BNS against the petitioners P^itipn under Section 482of CrP.C and 528 of BNSS praying that in the HiorCoTrt^ Gi-ounds of Criminal Petition the High Court may be pleased to Stay all further proceedings inc^d no appearance of the Petitioners/Accused Nos.l to 3. in the Crime (FIR) No 85 of pradusrAnd^^p.rh"-'"^^^^’°^" —Lp.? Counsel for the Petitioner/acdij^ed : Counsel for the Respondent/cbmplalnant : The Court made the following Order:
Sri. EDARA NAGESWARA RAO PUBLIC PROSECUTOR
1 HNJ Crl.P.No.5524 2025 APHC010249192025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY ,THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: SB2dl7()9R [3457] Between: Kandimalla Koteswaramma and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh and Others Counsel for the Petitioner/accused(S):
1.EDARA NAGESWARA RAO Counsel for the Respondent/complainant(S):
1.
PUBLIC PROSECUTOR ...RESPONDENT/COMPLAINANT(S)
2 HNJ Crl.P.No.5524_2025 The Court made the following Order: The petitioners are arraigned as Accused Nos.1 to 3 in FIR No.85 of 2024 on the file of Machavaram Police Station, Palnadu District, offence under Sections 351 and 79 read with Section 3(5) of the BNS
1. for the alleged
2023. 2. Heard the learned counsel for the petitioners and the Public Prosecutor. learned Assistant
3. Though the learned counsel for the petitioners filed this the quashing of the FIR, they have, however, restricted the relief to the directing the Investigating Officer to follow the Section 35(3) of the BNSS, and the guidelines prescribed Arnesh Kumar v. State of Bihar^ petition seeking extent of procedure prescribed under by the Apex Court in
4. The learned Assistant Public Prosecutor stated that he has give such a direction. no objection to
5. The Criminal Petition is disposed off by directing the Station House Machavaram Police Station, Palnadu District Officer, to follow the procedure contemplated under Section 35(3) of the Bharatiya Nagarik Suraksha as Sanhita, 2023 (for short, “BNSS”) insofar as the petitioners are concerned. 1 (2014) 8 see 273
3 HNJ Crl.P.No.5524 2025 As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- K J RAJA BABU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To,
1. The Station House Officer /Sub-Inspector of Police, Machavaram P.S, Palnadu District, Andhra Pradesh. 2. One CC to Sri. Edara Nageswara rao. Advocate [OPUC]
3. Two CCs to Public Prosecutor, High Court of Andhra Pradesh [OUT]
4. Two CD Copies PR vna
HIGH COURT DATED:16/06/2025 ORDER CRLP No.5524/2025 10 SEP 2025 rr«ntSectioji^5^ x> ff' lO o Co <S DISPOSING OF THE CRLP