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High Court of Andhra Pradesh · body

2025 DAILYLAW 20731 (AP)

MAMIDI SRINIVAS v. THE STATE OF ANDHRA PRADESH

CRLP/6068/2025 · 2025-06-19

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

■» IN THE HIGH COURT OF ANDHRA PRADE3H AT AMARAVATI FRIDAY THE TWENTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH. CRIMINAL PETITION NO: 6068 OF 2025 Between: Mamidi Srinivas, S/o. Mamidi Chanti Babu, Aged about 37 Years D.No.2-9, Panchayathi Veedhi, Chinnayapalem Village Mandal, Kakinada District, Andhra Pradesh. , R/o. Thondangi ...PETITIONER/ACCUSED AND 1. The State Of Andhra Pradesh, Rep by its Public Prosecutor, High Court of A.P., Amaravathi through The Station House Officer, Thodangi Police Station, Kakinada District, Andhra Pradesh. 2. Kontham Satish, S/o. Kontham Sarhi Babu, Aged about 31 Years Chalamayyanagar, Annavaram Village, Sankhavaram Mandal, Kakinada District, Andhra Pradesh. , R/o. ...RESPONDENT/COMPLAINANTS 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 proceedings in Crime No. 101 of 2025, dated 04.06.2025, registered by the 2 offences under Sections 308(2), 351(2), 118(1) BNS, 2023 against the petitioners nd respondent for the I.A. NO: 2 OF 2025 Petition under Section 528 of BNSS is filed praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition the High Court may be pleased to stay all further proceedings in Crime No. 101 of 2025, dated 04.06.2025, registered by the 2^^ respondent for the offenses under Sections 308(2), 351 (2), 118(1) BNS, 2023 This Petition coming on for hearing upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Alla Tarun Kumar, Advocate for the Petitioner and the Public Prosecutor behalf of Respondent No.1, on The Court made the following :Order APHC010291562025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] a a--'- FRIDAY,THE TWENTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6068/2025 Between: Mamidi Srinivas ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused: 1.ALLATARUN KUMAR Counsel for the Respondent/complainant{S): 1. PUBLIC PROSECUTOR 2 '</ The Court made the following Order: The petitioner is arrayed as accused in Crime No.101 of 2025, on the file of the Thondagiri Police Station, Kakinada district, for alleged offences under Sections 308(2), 351 (2), 118(1) of BNS. 2. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor appearing for the State. 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 Kumarv. State of Bihar\ 4. The learned Assistant Public Prosecutor stated that he has no objection to give such a direction. The criminal petition is disposed of by directing the Station House Officer, Thondagiri Police Station, Kakinada district, to follow the procedure as contemplated under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”) in so far as the petitioner is concerned. 5. 6. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ^ (2014) 8 see 273 Sd/- B. eHITTI JOSEPH ASSISTANT REGISTRAR //TRUE COPYII SEeTIO leER To, 1. The Station House Officer, Thodangi Police Station, Kakinada District 2. One CC to Sri Alla Tarun Kumar, Advocate [OPUC] 3. Two CCs to The Public Prosecutor, High Court of Andhra Pradesh. [OUT] 4. Two CD Copies HIGH COURT DATED : 20/06/2025 ORDER CRLP.No.6068 of 2025 0 8 SEP 2025 IS O DISPOSING THE CRLP