Extracted from the PDF above. The PDF is authoritative.
1 HN, J Crl.P.No.5314_2025
APHC010251262025
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: 5314/2025 Between: Nakka Babu ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused:
1. DHANUNJAYA BARU Counsel for the Respondent/complainant(S):
1. PUBLIC PROSECUTOR
2 HN, J Crl.P.No.5314_2025
The Court made the following Order:
1. The petitioner is arraigned as Accused, in Crime No.150 of 2024, on the file of Venkatagiri Police Station, Tirupati, for the alleged offence under Sections 318(2), 318(4) of the BNS.
2. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor.
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, Venkatagiri Police Station, Tirupati, 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: 09.05.2025 NKA
1 (2014) 8 SCC 273
3 HN, J Crl.P.No.5314_2025
206 HONOURABLE SRI JUSTICE HARINATH.N
Criminal Petition No.5314 of 2025
Date: 09.05.2025
NKA