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2025 DAILYLAW 21661 (AP)

Reddy Srinivas v. The State of Andhra Pradesh

CRLP/6354/2025 · 2025-06-25

Harinath N

body2025

Judgment text

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APHC010306832025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY,THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6354 OF 2025 Between: 1. Reddy Srinivas, S/o Reddy Chandra Rao, Age 32 years, resident of home no.3-49/1, Ramalayam Street, Ramachandrapuram Mandalam, Narasapurapupeta, Kakinada District. 2. Reddy Ramu, S/o Reddy Chandra Rao, Age 32 years, resident of home no.3-49/1, Ramalayam Street, Ramachandrapuram Mandalam, Narasapurapupeta, Kakinada District.. ...Petitioner(S) AND 1. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Judicature of Andhra Pradesh, At Amaravati. 2. Gonala Venkata Durga Prasad, S/o.Neeracharyulu, aged 34 years, residing at D.No. 1-46/7, T. Thimmapuram village, Tuni Mandal, Kakinada District ...Respondent(S): The Court made the following : THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6354 OF 2025 ORDER: The petitioner is arraigned as accused in Crime No. 231 of 2024 on the file of Tuni Police Station, Tuni Mandalam, Kakinada District, for alleged offences under 318(4) of the 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, 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 in Arnesh Kumar v. State of Bihar1. 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, Tuni Police Station, Tuni Mandalam, Kakinada District, to follow the procedure as contemplated under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”) insofar as the petitioner is concerned. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date: 26.06.2025 LSP 1 (2014) 8 SCC 273 196 THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6354 OF 2025 Date: 26.06.2025 LSP