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2025 DAILYLAW 22613 (AP)

Poleboina Pedda Peddaiah v. State of Andhra Pradesh

CRLP/6594/2025 · 2025-06-30

Harinath N

body2025

Judgment text

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4,4 APHC010319232025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI QMS TUESDAY, THE FIRST DAY OF JULY 12 TWO THOUSAND AND TWENTY FIVJo PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6594 OF 2025 Between: Poleboina Pedda Peddaiah, S/o Subbarayudu, Aged 65 Years, Cultivation, R/o Kalluru Village, Kurichedu Mandal, Prakasam District ...Petitioner/ Accused No.1 AND 1. State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh, Amaravati. ...Respondent 2. G Rajani Kumari, W/D/o Venkata Swami, Aged 48 Years, Mandal Revenue Officer, R/o Kurichedu Village and Mandal, Prakasam 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 Court may be pleased to quash the entire proceedings in Crime No. 32 of 2025 of Kurichedu Police Station, Prakasam District. 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 the arrest of )3< the petitioner in Crime No. 32 of 2025 of Kurichedu Police Station, Prakasam District, pending disposal of the main Criminal Petition. Counsel for the Petitioner: Sri PETLURI NAGA RAJU, Advocate Counsel for Respondent No.1: Public Prosecutor Counsel for Respondent No.2: -- The Court made the following order: 1 APHC010319232025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) QMS [3457] TUESDAY,THE FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6594/2025 Between: Poleboina Pedda Peddaiah ...PETITIONER/ACCUSED AND State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused: 1.PETLURI NAGA RAJU Counsel for the Respondent/complalnant(S): 1.PUBLIC PROSECUTOR 2 The Court made the following Order: 1. The petitioner is arraigned as an accused in Crime No.32 of 2025, on the file of Kurichedu Police Station, Prakasam District, for the alleged offence under Sections 221, 352, 353(2) read with Section 3(5) of the Bharatiya Nyaya Sanhita, (for short, “BNS”). 2. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. 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 Bihar\ 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, Kurichedu Police Station Prakasam District, to follow the procedure as contemplated under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”) insofar as the petitionersare concerned. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ^ (2014) 8 see 273 Sd/- P VINOD KUMAR ASSISTANT REGISTRAR 7^ 8€r / SEeTION OFFieER //TRUE eOPY// To, 1. The Station House Officer, Kurichedu Police Station, Prakasam District. 2. One CC to Sri Petluri Naga Raju, Advocate [OPUC] 3. Two CC’s to the Public Prosecutor, High Court of Andhra Pradesh [OUT] 4. Three CD Copies. GPC vna HIGH COURT DATED: 01/07/2025 ORDER CRLP NO. 6594 OF 2025 f 1IHJL 2025 I ^ Current Section ^ o DISPOSING OF THE CRLP