Makineni Gopala Krishna v. The State of Andhra Pradesh
CRLP/6933/2025 · 2025-07-07
Harinath N
body2025
DailyLaw.ai
[ 2025 DAILYLAW 21676 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 21676 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010307142025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6933 OF 2025 Between: Makineni Gopala Krishna, S/o. Akka Rao, aged 46 years, Business, Address.5-57, Chinalingayapalem, Kakumanu Mandal, Guntur, Kakumanu Police Station ...Petitioner/Accused AND
1. The State of Andhra Pradesh, through Station House Officer (Gurazala Town Police Station), Guntur District, rep. by its Public Prosecutor, High Court of A.P.
2. Sirisala Amarnath, S/o. Siva Govinda Rao, aged 27 years, Charlagudipadu village, Gurazala Mandal, Palnadu District. (Defacto Complainant) ...Respondents ; 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. 179/2024 dt.01.11.2024 of GurazalaTown Police Station, Gurazala. lA NO: 2 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 stay of all further proceedings in Crime No. 179/2024 pt.01.11.2024 of Gurazala Town Police Station, Gurazala. Counsel for the Petitioner: SRI K H V SIVA KUMAR Counsel for the Respondent No.1: PUBLIC PROSECUTOR Counsel for the Respondent No.2: — The Court made the following ORDER: :i
APHC010307142025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6933/2025 Between:
1.MAK1NENI GOPALA KRISHNA, S/0. AKKA RAO, AGED 46 YEARS, BUSINESS, ADDRESS.5-57, CHINALINGAYAPALEM MANDAL, GUNTUR, WITHIN THE LIMITS OF KAKUMANU POLICE STATION KAKUMANU ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF A.P.
2.SIRISALA AMARNATH, S/0. SIVA GOVINDA RAO, AGED 27 YEARS, CHARLAGUDIPADU VILLAGE, GURAZALA MANDAL, PALNADU DISTRICT ...RESPONDENT/COMPLAINANT(S): Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtpleased to quash the proceedings in Crime No. 179/2024 dt.01.11.2024 of GurazalaTown Police Station, Gurazala and to pass lA NO: 1 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 pleased to dispense with filing of certified copy of
2 FIR in Crime No. 179/2024 dt.
01-11-2024 of Gurazala Town Police Station Gurazala in the interest of justice and pass 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 pleased to stay of all further proceedings in Crime No. 179/2024 dt.01.11.2024 of Gurazala Town Police Station, Gurazala including restraining the 1st Respondent to take any coercive steps against the Petitioner/Accused and to pass Counsel for the Petitioner/accused:
1.KHV SIVA KUMAR Counsel for the Respondent/complainant(S):
1. PUBLIC PROSECUTOR
3 ^ The Court made the following Order: The petitioner is arrayed as accused in Crime No. 179 of 2024 of Gurazala Town Police Station, Palnadu district, for alleged offences under Sections 318(4), 351(2), 351(3) read with 3(5) of BNS. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor appearing for the State. 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 Kumar v. State of Bihar\ The learned Assistant Public Prosecutor stated that he has no
2. 3. 4. objection to give such a direction. The criminal petition is disposed of by directing the Station House Officer Gurazala Town Police Station, Palnadu district, to follow the
5. procedure as contemplated under Section 35(3) of the Bharatiya Nagarik BNSS”) in so far as the petitioner is Suraksha Sanhita, 2023;. (for short concerned. The petitioner is also directed to cooperate with the investigation. As a sequel, pending miscellaneous petitions, if any, shall stand SD/- P. VINOD KUWlAR assistant SECTIOR'OFFICER
6. closed. ISTRAR //TRUE COPY// 1 The Station House Officer, Gurazala Town District o' nnoprtnSRI K H V SIVA KUMAR Advocate [OPUCJ ^ 3'. CCS fo PUBLirPROSECUTOR, High Court of Andhra Pradesh at Amaravati. [OUT]
4. Two CD Copies Chp AL
i HIGH COURT DATED:08/07/2025 ORDER CRLP NO. 6933 OF 2025 ^ 2 3 SEP 2025 )|) Sdcti^ DISPOSING OF THE CRIMINAL PETITION