NALLAPANENI SAI HEMANTH KUMAR v. THE STATE OF ANDHRA PRADESH
CRLP/6038/2025 · 2025-06-18
Harinath N
body2025
DailyLaw.ai
[ 2025 DAILYLAW 20324 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 20324 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE NINETEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6038 OF 2025 Between; Nallapaneni Sai Hemanth Kumar, S/o Nallapaneni Ramesh Kumar, Aged 30 years,Occupation Self Employed, R/o-D.No. 26-2-29,2nd Lane, RithwikEnclave, AK Nagar, Nellore, SPSR Nellore District-524004 ...Petitioner/Accused No.1 AND
1. The State of Andhra Pradesh, Represented by its Public Prosecutor High Court of Andhra Pradesh, Amaravati. 2. Jyeshta HemaNikitha @ Hema Chowdary, W/o N.Sai Hemanth Kumar, D/o Jyeshta Ayodhya Ramu, Aged 28 years. Occupation: Advocate, R/o- D.No. 31-51-5, Flat No.403, Green City Heights, Palm Street, Visakhapatnam(rural), Visakhapatnam District-530049. ...Respondents Petition under Section 482 of Cr.P.C & 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 all proceedings against the petitioner herein arraigned as Accused No.1 in FIR.No.160 of 2025 dated 18-04-2025, pending on the file of the Duvvada Police Station, Visakhapatnam Commissionerate to secure the ends of justice. 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 issue a notice to the petitioner in accordance with Section 35 (3) BNSS and to direct the investigating officer to follow scrupulously guidelines laid down by the Honble Supreme Court of India in the case of Arnesh Kumar Vs State Of Bihar (2014) 8 SCC 273 and not to harass the petitioner herein in the name of investigation who is arraigned as Accused No.1 in a Crime in FIR No. 160 of 2025 dated 18.04.2025, on the file of Duvvada Police Station of dated 18.04.2025, Visakhapatnam. I.A. NO: 3 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 against the petitioner herein arraigned as FIR.No.160 of 2025 dated 18-04- 2025, pending on the file of the Duvvada Police Station, Visakhapatnam Commissionerate in the interim 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 Umesh Chandra P V G, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1 and none appeared for the Respondent No.2. The Court made the following order:
1 HNJ Crl.P.No.6038 2025 APHC010284852025 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: 6038/2025 Between: ...PETITIONER/ACCUSED Nallapaneni Sai Hemanth Kumar AND ...RESPONDENT/COMPLAINANT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner/accused:
1.UMESH CHANDRA PVG Counsel for the Respondent/complainant{S):
1.PUBLIC PROSECUTOR
ft? 2 HN, J Crl.P.No.6038 2025 The Court made the following Order: The petitioner is arraigned as Accused No.1 in FIR No.160 of 2025, on
1. the file of Duvvada Police Station. Visakhapatnam Commissionerat e District, for the alleged offence under Sections 498-A, 354(c), 323, 506 r/w 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act. 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, he has, 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 Bihar\ The learned Assistant Public Prosecutor stated that he has no objection to
4. give such a direction. 5. The Criminal Petition is disposed off by directing the Station House Officer, Duvvada Police Station, Visakhapatnam Commissionerate 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.
(2014) 8 see 273
3 HNJ Crl.P.No.6038 2025 As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- SHAIK MOHAMMED RAFI ASSISTANT REGISTRAR //TRUE COPY// ' SECTION OFFICER To
1. The Station House Officer, Duvvada Police Station District. 2. The Station House Officer, Kummanapalem Police Station Visakhapatnam District. 3. One CC to Sri Umesh Chandra P V G Advocate [OPUCl
4. Two CC's to The Public Prosecutor, High Court of Andhra Pradesh Amaravati [OUT]
5. Two CD Copies Visakhapatnam at SAM RAM
HIGH COURT DATED:19/06/2025 ORDER CRLP.No.6038 of 2025 ^26JUN 2025 Co DISPOSING OF THE CRLP