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2025 DAILYLAW 21361 (AP)

Shaik Saida v. The State of AP

CRLP/6282/2025 · 2025-06-24

Harinath N

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

\ COURT OF ANDHRA PRADESH at ANIARAVATl APHC010301502025 IN THE HIGH - TWENTY FIFTH DAY OF JUNE thousand and twenty five PRESENT SRI JUSTICE HARINATH.N PFTiTinN NO: 6?«2 OF 2025 WEDNESDAY, THE TWO the honourable criminal Between; Butcher Turakapalem Age 44 Years, Occ Shaik Saida, S/o. Basha Machavaram 2. Shaik Bashir, S/o 1. A-1 Palnadu District. . Saida Age 20 Years, Occ Butcher Turakapalem, A-7 Palnadu District. Occ Sarpanch Machavaram 3. Shaik Alla Bakshu, S/o Saidavali Age 33 Years A-3 Palnadu District. Age 27 Years, , Palnadu District. 39 Years, Occ Agriculture, Turakapalem, Turakapalem, Machavaram S/O. Mabu, Occ Agriculture, 4. Shaik Shajahan Turakapalem, Machavaram 5. Shaik Mhabi, W/o, Saida Age Machavaram, Palnadu District. Saida Vali, S/o. Nagul Meera, Age Palnadu District. A-2 A-6 A-5 37 Years, Occ 6. Shaik Chinna Electrician. Turakapalem. Machavaram 34 Years, Occ Saida Vali, Age Bi, W/o. Chinna 7. Shaik Jaithun Agriculture 8. Shaik Dastagm Turakapalem, Machavaram A-8 Palnadu District.. Age 63 Years, Occ Agriculture , Palnadu District. A-4 Turakapalem, Machavaram iri S/o. Moula Saheb ...Petitioners/Accused No. 1 to 8 AND 1. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court at Nelapadu, Amaravati, through the Station House Officer, Machavaram Police Station, Palnadu District. Respondent 2. Sk Subhani, S/o. Saida, Aged about 31 years, Occ. Turakapalem, Machavaram, Palnadu District. ...Respondent/Defacto Complainant Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtpleased to quash the proceedings in Crime No. 30 of 2024 dated 26.05.2025, on the file of Machavaram Police Station, Palnadu District. lA NO: 2 OF 2025 Petition under Section 482 of Cr.P.C and 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 appearance of the petitioner/AI to 5 in Crime No. 30 of 2024 dated 26.05.2025, on the file of Machavaram Police Station,Palnadu District. Counsel for the Petitioners: SRI GOUTHAMI SURAPAREDDY Counsel for the Respondent No.1: PUBLIC PROSECUTOR Counsel for the Respondent No.2: — The Court made the following ORDER: •? HN, J Crl.P.No.6282 2025 APHC010301502025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6282/2025 Between: Shaik Saida and Others ...PETITIONER/ACCUSED(S) AND ...RESPONDENT/COMPLAINANT(S) The State Of Ap and Others Counsel for the Petitioner/accused(S): 1.GOUTHAMI SURAPAREDDY Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR HNJ Crl.P.No.6282 2025 HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.6282 of 2025 The Court made the following Order: The petitionersarearraigned as Accused Nos. 1 to Sin Crime No.30 of 2025, on the file of Machavaram Police Station, Palnadu District, for the alleged offence under Sections 126(2), 118(1) read with Section 3(5) of the BNS. 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 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 Arnesh Kumar v. State of Bihar\ 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, Machavaram Police Station, Palnadu District, to follow the procedure contemplated under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”) insofar as the petitionersare concerned. as (2014) 8 see 273 N HN, J Crl.P.No.6282 2025 As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/-B PRASADA RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Station House Officer, Machavaram Police Station, Palnadu District. 2. One CC to Sri. Gouthami Surapareddy, Advocate [OPUC] 3. Two CCs to Public Prosecutor, High Court of Andhra Pradesh at Amaravati. [OUT] 4. Two CD Copies Chp sree HIGH COURT DATED:25/06/2025 ORDER CRLP NO. 6282 OF 2025 sT 19 SEP 2025 m ^J-sCurranl Stcligc^^y DISPOSING OF THE CRIMINAL PETITION