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2025 DAILYLAW 18901 (AP)

LANKA VENKATA SURENDRA KUMAR v. THE STATE OF ANDHRA PRADESH

CRLP/5460/2025 · 2025-06-15

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N^^^H *^ CRIMINAL PETITION NO- fidfin of 9noj; •S 3. Between: Lanka Venkata Surendra Kumar, S/o. Lanka Krishna Mohan, Aged about 32 years, R/o. 13-158, Tailors Colony, Kothapeta, Vetapalem Mandal,. Chirala, Bapatia (Prakasham) District. ...PETITIONER/ACCUSED No.1 AND 1. The State of Andhra Pradesh, Rep. by its Public Prosecutor High Court of Andhra Pradesh, Amaravati. ...RESPONDENT/COMPLAINANT 2. Yerriboina Bhulakshmi,, W/o. Anjaiah, Aged about 56 Gopalnagar Village, Kothapeta, Vetapalem Mandal Chirala, Bapatia District years, R/o. ...RESPONDENT/DEFACTO COMPLAINANT 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 quash the entire proceedings against the Petitioner/Accused No.1 in Crime No. 49 of 2025, Dated: 14.04.2025 the file of Chirala II Town police station, Chirala on Bapatia District. 9^-' I.A. NO: 2 OF 2025 Petition under Section 528 of BNSS praying that in the cirQurnstahGes stated in the Memorandum of Grounds of Criminal Petition th| High ^Court may be pleased to grant stay of all further proceedings including in the event of arrest of the Petitioner/Accused No.1 Crime No. 49 of 2025, Dated; 14.04.2025 on the file of Chirala II Town Police Station, Chirala, Bapatia District. This Petition coming on for hearing upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Siram Jaswanth, Advocate for the Petitioner and the Public Prosecutor behalf of the Respondent on The Court made the following order: / CRLP. No.5460 of 2025 ' APHC010261652025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY, THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 5460/2025 Between: Lanka Venkata Surendra Kumar ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused: 1.SIRAM JASWANTH Counsel for the Respondent/complainant(S): 1.PUBLIC PROSECUTOR The Court made the following: CRLP. No.5460 of 2025 THE HON’BLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.5460 OF 2025 ORDER: 1. Heard the submissions of the learned counsel for the petitioners and the learned Assistant Public Prosecutor appearing for the State. 2. The petitioners were arraigned as accused No.1 in Crime No.49 of 2025 of the Chirala II Town Police Station, Bapatia District, registered for the alleged offences under Sections 329(3), 351(2) 79 read with 3(5) of the Bharatiya Nyaya Sanhita, 2023. ‘ 3. The learned Counsel for the petitioner submits that the son of the de facto complainant and A.2 have certain financial transactions between them. The learned counsel further submits that the petitioner i^ v herein is A.1, and is working in the postal department. On the complaint of the 2'^'^ respondent, the police authorities have addressed a letter to the superior authorities of the petitioner informing the purported finance business, specifically the alleged extension of hand loans on interest basis with the support of other accused, and have requested the initiation of departmental action. ‘ 4. The learned counsel further submits that the petitioner never indulged in finance business and that the petitioner is roped in as accused, though there are no specific allegations against him. The learned counsel also \ ^ CRLP. No.5460 of 2025 submits that on the request of the son of the de facto complainant, the petitioner arranged the finance^from A.2. 5. The learned Assistant Public Prosecutor submits that a notice under Section 41-A of the Code of Criminal Procedure has been issued to the petitioner, and other accused are absconding. 6. Considering the submissions, the Station House Officer, Chirala II Town Police Station, Bapatia District, is directed to complete the investigation in Crime No.49 of 2025, by following the procedure provided under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023. 7. With the above, the criminal petition is disposed of. 8. Miscellaneous petitions, if any, pending in the criminal petition shall stand closed. Sd/- M. PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Station House Officer Chirala II Town Police Station, Chirala, Bapatia District. 2. One CC to Sri Siram Jaswanth, Advocate [OPUC] 3. Two CCs to The Public Prosecutor, High Court of Andhra Pradesh. [OUT] 4. Two CD Copies RAM % HIGH COURT DATED : 16/06/2025 ORDER CRLP.No.5460 of 2025 'I 0 3 SEP 2025 S ^^!s^SPATCH£5.5^ DISPOSING THE CRLP