PAVULURI VENKATESWARA RAO v. THE STATE OF ANDHRA PRADESH
CRLP/6005/2025 · 2025-06-18
Harinath N
body2025
DailyLaw.ai
[ 2025 DAILYLAW 20837 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 20837 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAYTHE NINETEENTHDAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6005 OF 2025 Between:
1. Pavuluri Venkateswara Rao, S/o. Nagayya Aged about 51 years, Occ Cultivation R/o. 1-50, Main Road, Lingala, Gampalagudern Mandal West Godavari District. ...Accused No.1/Petitioner
2. Pavuluri Nageswara Rao, S/o. Venkateswar Rao Aged about 30 years,Occ Private employee R/o. 11-15-10 Khanapuram haveli Khammam, Telangana State Sahakara nagar. ...Accused No.2/Petitioner
3. Pavuluri Ramadevi @ Ramulamma, W/o. Venkateswar Rao Aged about 49 years, Occ Housewife R/o. 1-50, Main Road, Lingala, Gampalagudern Mandal West Godavari District ...Accused No.3/Petitioner
4. Pavuluri Kiran Kumar, S/o. Venkateswar Rao Aged about 29 years, Occ Private employee R/o. 1-50, Main Road, Lingala, Gampalagudern Mandal West Godavari District. ...Accused No.4/Petitioner
5. Gurram Lakshmi, W/o. Venkaiah Aged about 73 R/o. 3-5, Konijerla, Khammam, Telangana State years.Occ Cultivation ...Accused No.5/Petitioner AND
1. The State Of Andhra Pradesh, Represented by The Public Prosecutor, High Court of Andhra Pradesh at Amaravati Through of Gampalagudern Police Station, NTR District. ..Respondent
2. Yerramasu Naresh, S/o. Gopala Rao, Aged about 35 years.Occ Business, R/o. Sobbala Village, Gampalagudern NTR 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 FIR No. 89 of 2025 on the file of NTR District registered against the Gampalagudern Police Station, Petitioner herein/Accused No. 115(2), 118(1), 351 (2), r/w 3(5) BNS, being in abuse of process of law and Court 1 to 5 for the offences under Sections I.A. NO: 1 OF 207^ 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 may be pleased to stay all further proceedings in FIR No. 89 of 2025 on the file of Gampalagudern Police Station, NTR District registered against the Petitioner herein/Accused No. 1 to 5 for the offences under Sections 115(2) 118(1), 351(2), r/w 3(5) BNS
This Petition coming on for hearing upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Medapati Santosh Reddy ,Advocate for the Petitioner and the Public Prosecutor (AP) on behalf of the Respondent The Court made the following:
1 HN, J i Crl.P.No.6005 2025 APHC010292822025 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: 6005/2025 Between: Pavuluri Venkateswara Rao and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused(S):
1.MEDAPATI SANTOSH REDDY Counsel for the Respondent/complainant{S):
1. PUBLIC PROSECUTOR
2 HNJ Crl.P.No.6005 2025 The Court made the following Order: The petitioners are arraigned as Accused Nos.1 to 5 in FIR No.89 of 2025, on the file of Gampalagudem Police Station, NTR Commissionerate District, for the alleged offence under Sections 115(2), 118(1), 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. 3.
Though the learned counsel for the petitioners filed this petition seeking the quashing of the FIR, they have, however, restricted the relief to the directing the Investigating Officer to follow the procedure prescribed Section 35(3) of the BNSS, and the guidelines prescribed by the Apex Court i Arnesh Kumar v. State of Bihar\ extent of under in
4. The learned Assistant Public Prosecutor stated that he has no objection to give such a direction. 5. The Criminal Petition is disposed off by directing the Station House Officer, Gampalagudem Police Station, NTR Commisionerate 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 HN,J Crl.P.No.6005 2025 As a sequel, pending miscellaneous petitions, if any, sh^tand closed. Sd/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR //TRUE COPY// S OFFICER To
1. The Principal Civil Judge (Junior Division) Tiruvuru Krishna District The Station House Officer Gampalagudem Police Station District
2. , NTR
3. One CC to Sri. Medapati Santosh Reddy Advocate [OPUC] Two CCs to The Public Prosecutor, High Court of AP [OUT] Three CD Copies
4. 5. nm
Y r HIGH COURT dated : 19/06/2025 ORDER CRLP.No.6005 of 2025 DISPOSING THE CRLP