CHUNDURI BASAVA SANKAR RAO v. THE STATE OF ANDHRA PRADESH
CRLP/6045/2025 · 2025-06-18
Harinath N
body2025
DailyLaw.ai
[ 2025 DAILYLAW 20772 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 20772 (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 NOS: 6043, 6045 AND 6046 OF 2025 CRIMINAL PETITION NO: 6043 OF 2025 Between:
1. Nagandia Aparna, W/o. Chunduri Venkatesh, Aged 36 years, Occ: Bank Employee, Sister-in-law of the R2, R/o. Flat No.301, B-79, Sai Nilayam, Near Bhavani High School, Vengal Rao Nagar, Hyderabad. Chunduri Venkatesh, S/o. Chunduri Basava Sankar Rao, Aged 36 years, Occ; Software Engineer, Brother-in-law of the R2, R/o. Flat No.301, B-79, Sai Nilayam, Near Bhavani High School, Vengal Rao Nagar, Hyderabad. 2. ...Petitioners/A3 & 4 AND
1. The State of Andhra Pradesh, Rep. by its Public Prosecutor High Court Premises at Amaravati. Sai Naga Rajani, W/o. Late Nagandia Appaji, Aged 29 years, Occ: Housewife, R/o. Varavakatta Village, Narasaraopet Maridal, Palanadu District Erstwhile Guntur District. 2. ...Respondents/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 call for the records and examine the ^same and quash the FIR No. 57 of 2025, Dt. 12.04.2025 on the file of PS, Narsaraopet 1 Town, Palanadu District Erstwhile Guntur District, U/Sec., 85, 74, 351 (2), 119(1), R/w.3(5) of BNS against the Petitioners herein. I.A. NO:
1 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 in connection with FIR No. 57 of 2025, Dt. 12.04.2025 on the file of PS, Narsaraopet 1 Town, Palanadu District Erstwhile Guntur District U/Sec 85, 74, 351(2), 119(1), R/w.3(5) of BNS including arrest of the Petitioner'^ pending disposal of the above Criminal Petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Popuri Lakshmi Priyanvita, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1 and none appeared for the Respondent No.2. CRIMINAL PETITION NO: 6045 OF 2025 Between: Chunduri Basava Sankar Rao, S/o. Late Papaiah, Aged 65 years, Occ: Retired Police Constable, Uncle of the R2, R/o. Flat G4, 37-1-388/15/0, Maruthi Ram Apartments, Dharavari Thota, Ongole, Prakasam District. ...Petitioners/AS AND
1. The State of Andhra Pradesh, Rep.
by its Public Prosecutor High Court Premises at Amaravati. 2. Sai Naga Rajani, W/o. Late Nagandia Appaji, Aged 29 years, Occ: Housewife, R/o. Varavakatta Village, Narasaraopet Mandal Palanadu District Erstwhile Guntur District. ...Respondents/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 call for the records and examine the same and quash the FIR No. 57 of 2025, Dt. 12.04.2025 on the file of PS, Narsaraopet 1 Town, Palanadu District Erstwhile Guntur District, U/Sec., 85, 74, 351 (2), 119(1), R/w.3(5) of BNS against the Petitioners herein. I.A. NO: 1 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 in connection with FIR No. 57 of 2025, Dt. 12.04.2025 on the file of PS, Narsaraopet 1 Town, Palanadu District Erstwhile Guntur District U/Sec 85, 74, 351(2), 119(1), R/w.3(5) of BNS including arrest of the Petitioners pending disposal of the above Criminal Petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Smt. Popuri Lakshmi Priyanvita, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1 and none appeared for the Respondent No.2. CRIMINAL PETITION NO: 6046 OF 2025 Between:
1. Rachamallu Dhanalakshmi Devi, W/o. N. Subrahmanyam, Aged 58 years, Occ: Govt. Secondary Grade Teacher, Mother-in-law of the R2, R/o. D.No.37-1-381, Appaiah Devara Nilayam, Trunk Road, Ongole, Prakasam Dist., AP
2. Nagandia Subrahmanyam, S/o. Late N. Appaiah, Aged 69 years, Occ: Retired Aided School Teacher, Father-in-law of the R2, R/o. D.No.37-1- 381, Appaiah Devara Nilayam, Trunk Road, Ongole, Prakasam Dist., A.P. ...Petitloners/AI & A2 AND
1. The State of Andhra Pradesh, Rep. by its Public Prosecutor High Court Premises at Amaravati. 2. Sai Naga Rajani, W/o. Late Nagandia Appaji, Aged 29 years, Occ: Housewife, R/o. Varavakatta Village, Narasaraopet Mandal, Palanadu District Erstwhile Guntur District.
...Respondents/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 call for the records and examine the same and quash the FIR No. 57 of 2025, Dt. 12.04.2025 on the file of PS, , U/Sec., 85, Narsaraopet 1 Town, Palanadu District Erstwhile Guntur District 74, 351 (2), 119(1), R/w.3(5) of BNS against the Petitioners herein. I.A. NO: 1 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 in connection with FIR No. 57 of 2025, Dt. 12.04.2025 on the file of PS, Narsaraopet 1 Town, Palanadu District Erstwhile Guntur District U/Sec: 74, 351(2), 119(1), R/w.3(5) of BNS including arrest of the Petitioners pending disposal of the above Criminal Petition. 85, This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Smt Popuri Lakshmi Priyanvita, Advocate for the Petitioner Prosecutor on behalf of the Respondent No.1 and Respondent No.2. and the Public none appeared for the The Court made the following common order:
1 HN, J Crl.P.Nos.6043, 6045 and 6046_2025 APHC010291772025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0MS [3457] Pir;
THURSDAY .THE NINETEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NOs: 6043. 6045 and 6046 of 2025 Crl.P.No.6043 of 2025 Between: Nagandia Aparna and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh and Others Counsel for the Petitloner/accused(S):
1.POPURI LAKSHMI PRIYANVITA Counsel for the Respondent/complainant(S):
1. PUBLIC PROSECUTOR Crl.P.No.6045 of 2025 ...RESPONDENT/COMPLAINANT{S) Between: Chunduri Basava Sankar Rao ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused:
1.POPURI LAKSHMI PRIYANVITA Counsel for the Respondent/complainant(S):
1.
PUBLIC PROSECUTOR
2 HN, J Cri.P.Nos.6043, 6045 and 6046 2025 Crl.P.No.6046 of 202fi Between: KacnamaiiLi L/hanalakshmi Devi, and Others ...PETiTiONER/ACCUSED{S) AND The State Of Andhra Pradesh and Others Counsel for the Petitioner/accused(S):
1.POPURI LAKSHMI PRIYANVITA Counsel for the Respondent/compiainant(S):
1. PUBLIC PROSECUTOR ...RESPONDENT/COMPLAINANT(S)
HN, J CrI.P.Nos.6043, 6045 and 6046_2025 The Court made the following Common Order:
1. Heard the learned counsel for the petitioners and learned counsel for the \ \ respondents. It is submitted that the petitioners are falsely implicated in Crime No.57 of 2025 alleging offences under Sections 85, 74, 351(2), 119(1) r/w 3(5) of BNS. It is submitted that the 2'^^ respondent’s husband passed away in the month of September, 2023. It is submitted that the 2^^ respondent has filed complaint by roping in her mother-in-law, father-in-law, sister-in-law, brother-in-law and also brother-in-law’s father as accused of having committed various offences. It is submitted that the 2"^ respondent staying at Guntur and as on the date of filing of the complaint she was at Guntur. It is also submitted that the petitioners are staying at Hyderabad and that, after the demise of the son of the Accused Nos.1 and 2, the 2'^^ respondent is staying at her maternal home. In such circumstances, complaint under Section 85 of the BNS could not have been filed against the petitioners. Be that as it may, the Police shall consider all these aspects and issue notice under Section 35(3) of BNSS. Considering this, the Police shall complete the investigation without taking any coercive steps against the petitioners. This would not preclude the Investigating Officer for filing of charge sheet/final report. With the above direction, these Criminal Petitions are disposed off. 2. 3. 4. 5. 4 HN, J Crl.P.Nos.6043, 6045 and 6046_2025 As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- K.KASIRAO ACHARI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To. 1. The Station House Officer, Narasaraopet 1 Town Police Station, Guntur District. 2. One CC to Smt. Popuri Lakshmi Priyanvita, Advocate [OPUC]
3.
Two CC's to Public Prosecutor, High Court of Andhra Pradesh. [OUT
4. Two CD Copies SAM’ RAM
HIGH COURT DATED:19/06/2025 COMMON ORDER CRLP.Nos.6043, 6045 & 6046 of 2025 DISPOSING OF THE CRIMINAL PETITIONS