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2025 DAILYLAW 22491 (AP)

Ajjugutti Raja Sekhar Reddy v. The State of Andhra Pradesh

CRLP/6623/2025 · 2025-07-01

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

/ . APHC010317102025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6623 OF 2025 Between: Ajjugutti Raja Sekhar Reddy, S/o. Uttam Reddy, Aged 58 Years Ex- Municipal Vice Chairman, R/o. 1/808/1A, Revenue Colony, Kadiri Sri Sathya Sai District. ...Petitioner/Accused No.1 AND 1. The State of Andhra Pradesh, Rep. by its Public Prosecutor, AP High Court, Amaravathi. 2. K.Kiran Kumar, Municipal Commissioner, Kadiri Municipal Office, Kadiri Town, Sri Sathya Sai District. ...Respondents/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 the entire proceedings against the Petitioner/ accused No. 1 in Cr.No. 217 of 2025 on the file of Kadiri Town Police Station, Sri Sathya Sai District date 23.06.2025. 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 grant stay of all further proceedings including arrest of the Petitioner/ Accused No. 1 in Cr.No. 217 of 2025 on the file of Kadiri Town Police Station, Sri Sathya Sai District dated 23.06.2025, main criminal petition. pending disposal Counsel for the Petitioner: Sri Ramakrishna Akurathi, Counsel for Respondent No.1: The Public Prosecutor Counsel for Respondent No.2: - The Court made the following order: Advocate High Court of A.P. 1 HN,J Crl.P.No.6623 2025 APHC010317102025 IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATI (Special Original Jurisdiction) \s\m [3457] WEDNESDAY,THE SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6623/2025 Between: 1 AJJUGUTTl RAJA SEKHAR REDDY, S/0. UTTAM REDDY, AGED 58 R/0. 1/808/1 A, YEARS, EX- MUNICIPAL VICE CHAIRMAN REVENUVE COLONY, KADIRI, SRI SATHYA SAI DISTRICT. ...PETITIONER/ACCUSED AND STATE OF ANDHRA PRADESH, REP BY ITS PUBLIC 1.THE PROSECUTOR, AP HIGH COURT, AMARAVATHI. 2.K KIRAN KUMAR, MUNICIPAL COMMISSIONER, KADIRI MUNICIPAL OFFICE, KADIRI TOWN, SRI SATHYA SAI DISTRICT. ...RESPONDENT/COMPLAINANT(S): under Section 437/438/439/482 of Cr.P.C and 528 of BNSS the circumstances stated in the Memorandum of Grounds of Petition praying that in Criminal Petition, the High CourtPleased to quash the entire proceedings against the Petitioner/accused No. 1 in Cr.No. 217 of 2025 on the file of Kadiri Town Police Station Sri Sathya Sai District date 23.06.2025 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 the filing of the certified of fir in Cr.No. 217 of 2025 on the file of Kadiri Town Police Station Sri Sathya Sai District date 23.06.2025 and pass copy 2 m,i Crl.P.No.6623_2025^^ 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 grant stay of all further proceedings including arrest of the Petitioner/Accused No. 1 in Cr.No. 217 of 2025 on the file of Kadiri Town Police Station Sri Sathya Sai District date 23.06.2025, pending disposal main criminal petition and pass Counsel for the Petitioner/accused: 1. RAMAKRISHNA AKURATHI Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR / / 3 'V HN,J Crl.P.No.6623 2025 The Court made the following Order: The petitioner is arraigned as Accused No.1 in FIR No.217 of 2025, on the file of Kadiri Town Police Station, Sri Sathya Sai District, for the alleged ^ offence under Sections 318(4), 316(2) r/w 3(5) of the BNS, 2023. I Heard the learned counsel for the petitioner and the learned Assistant 2. Public Prosecutor. 3. 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 objection to 4. give such a direction. The Criminal Petition is disposed off by directing the Station House Officer, 5. Kadiri Town Police Station, Sri Sathya Sai 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. 1 (2014) 8 see 273 \ mi Crl.P.No.6623 2025 As a sequel, pending miscellaneous petitions, if any, shall stand closed. AsllST4M?tl*°^ RAq/ ASSISTANT RE|3|STRAR SECTION OFFICER //true copy// To, T The Station House District. 2. 0"®CCfoSriRamakrishnaAkurathi 3- Two CC’s to the Public [OUT] 4. Three CD Copies Officer, Kadiri Town Police Station, Sri Sathya Sai Advocate fOPUCJ Prosecutor, High Court of Andhra Pradesh GPC sree \ HIGH COURT DATED: 02/07/2025 ORDER CRLP NO. 6623 OF 2025 r fl S€f 2025 I . Current Seciion 8" DISPOSING OF THIS CRLP