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2025 DAILYLAW 19542 (AP)

CHATTU GOPINADH REDDY v. THE STATE OF ANDHRA PRADESH

CRLP/5986/2025 · 2025-06-18

Harinath N

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVA A THURSDAY THE NINETEENTH DAYOF JUN^o TWO THOUSAND AND TWENTY FIVE o PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 5986 OF 2025 Between: 1. Chattu Gopinadh Reddy, S/o. Ganga Ramireddy, Aged about 39 Years, Occ. Cultivation, R/o. Manganeliore Village, Sullurupet Mandal, Tirupati District. 2. Chattu Munemma, W/o. Late Chattu Gangarami Reddy, Aged about 60 Years, Occ. Cultivation, R/o. Manganeliore Village, Sullurupet Mandal, Tirupati District. ...Petitioners/Accused 5 & 6 AND 1. The State Of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati. ...Respondent 2. Gadi Narayana Reddy, S/o Srinivasulu Reddy, Aged about 55 Years, Occ. Cultivation, R/o. Manganeliore Village, Sullurupet Mandal, Tirupati District ...Respondent/De-Facto 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 in Crime No. 74 of 2025 of Sullurupet Police Station, Tirupati 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 grant stay of all further proceedings including stay of arrest of the petitioners in Crime No. 74 of 2025 of Sullurupet Police Station, Tirupati District, in the interest of Justice, pending disposal of the main Criminal Petition This Petition coming on for hearing upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Muchakayala Narayana, Advocate for the Petitioner and the Public Prosecutor (AP) on behalf of the Respondent The Court made the following :Order 1 HN,J Crl.P.No.5986_2025 APHC010273672025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY ,THE NINETEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 5986/2025 Between: ...PETITIONER/ACCUSED(S) Chattu Gopinadh Reddy and Others AND ...RESPONDENT/COIVIPLAINANT(S) The State Of Andhra Pradesh and Others Counsel for the Petitloner/accused(S): 1 .MUCHAKAYALA NARAYANA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 7 2 HNJ , Crl.P.No.5986 2025' The Court made the following Order: The petitioners are arraigned as Accused Nos.5 and 6 in FIR No 74 of I 2025, on the file of Sullurupet Police Station, Tirupati District, for the allegecf offence under Sections 329(3), 351(2) r/w 3(5) of the BNS, 2023. 1. 2. Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor. Though the learned counsel for the petitioners 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 ofBihar\ 3. The learned Assistant Public Prosecutor stated that he has no objection to give such a direction. 4. 5. The Criminal Petition is disposed off by directing the Station House Officer, Sullurpet Police Station, Tirupati District, to follow the procedure as contemplated under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”) insofar as the petitioners are concerned. 1 (2014) 8 see 273 3 \ HNJ Crl.P.No.5986 2025 As a sequel, pending miscellaneous petitions, if any, sl^all stand closed. Sd/- M SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Station House Officer, Sullurupet Police Station, Tirupati District. 2. One CC to Sri. Muchakayala Narayana, Advocate [OPUC] 3. Two CCs to The Public Prosecutor, High Court of Andhra Pradesh. [OUT] 4. Three CD Copies MKP sree ?' i* ' ■ N. '"s / high court dated : 19/06/2025 ORDER CRLP.No.5986 of 2025 I 2 0 SEf 2I?5 $ *!> disposing of the criminal petition