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2025 DAILYLAW 22939 (AP)

Vuyyuru Kranthi Kumari v. The State of Andhra Pradesh

CRLP/6748/2025 · 2025-07-03

Harinath N

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

■ APHC010323052025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6748 OF 2025 Between: Vuyyuru Kranthi Kumari, W/o. Vuyyuru Durga Prasad, aged about 45 years, R/o. Flat No 103, A Block, Defense Officers Flats, 0pp. to VUDA park. East Point Colony, Visakhapatnam, Andhra Pradesh presently residing in Law College Road, Yendada, Visakhapatnam, Andhra Pradesh (Accused No-2). ...Petitioner/Accused No.2 AND 1. The State of Andhra Pradesh, through SHO, Atchutapuram P.S. Rep. by its Public Prosecutor, High Court at Amaravati, Nelapadu, Guntur District, Andhra Pradesh (Complainant). 2. Pilla Bhogalingeswara Rao, S/o. late Naidu D.No 18-38, North Extension Layout, Seethamma Dhara, Visakhapatnam, Andhra Pradesh (Defacto Complainant). 3. Vuyyuru Durga Prasad, S/o. Late Niranjan Rao, Visakhapatnam, Andhra Pradesh (Accused No-1) ...Respondents 1 to 3 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 High Court may be pleased to quash the the proceedings against the ^^^RPetitioner/Accused No-2 in F.I.R. No. 65 of 2025 dt.02.04.2025 on the file of Atchutapuram Police Station, Visakhapatnam Dist., registered U/Sec. 420 IPC. 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 in F.I.R. No. 65 of 2025 dt.02.04.2025 on the file of Atchutapuram Police Station, Visakhapatnam Dist., pending disposal of the above criminal petition. Counsel for the Petitioner: Sri Yennam Sudheer Babu Counsel for the Respondent No.1: Public Prosecutor Counsel for other Respondents: None Appeared The Court made the following order: APHC010323052025 -* IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] FRIDAY,THE FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6748/2025 Between; 1.VUYYURU KRANTHI KUMARI, W/0. VUYYURU DURGA PRASAD, AGED ABOUT 45 YEARS, R/0. FLAT NO 103, A BLOCK, DEFENSE OFFICERS FLATS, OPP. TO VUDA PARK. EAST POINT COLONY, VISAKHAPATNAM, ANDHRA PRADESH, PRESENTLY RESIDING IN LAW COLLEGE ROAD, YENDADA, VISAKHAPATNAM, ANDHRA PRADESH. ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA ATCHUTAPURAM P.S. REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT AT AMARAVATI, NELAPADU, GUNTUR DISTRICT, ANDHRA PRADESH. 2.PILLA BHOGALINGESWARA RAO, S/0. LATE NAIDU, D.NO 18-38, NORTH EXTENSION LAYOUT, SEETHAMMA DHARa! VISAKHAPATNAM, ANDHRA PRADESH. 3.VUYYURU DURGA PRASAD, VISAKHAPATNAM, ANDHRA PRADESH, PRADESH, THROUGH SHO, S/0. LATE NIRANJAN RAO, ...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 against the Petitioner/Accused No-2 in F.I.R. No. 65 of 2025 dt.02.04 2025 on the 2 file of Atchutapuram Police Station, Visakhapatnam Dist., registered U/Sec. ' 420 I PC and 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 the F.I.R.No.65 of 2025 dt.02.04.2025 on the file of Atchyutapuram Police Station, Visakhapatnam Dist., in the interest of justice, and pass iA 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 in F.I.R. No. 65 of 2025 dt.02.04.2025 on the file of Atchutapuram Police Station, Visakhapatnam Dist., pending disposal of the above criminal petition and pass Counsel for the Petitioner/accused: 1.YENNAM SUDHEER BABU Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 The Court made the following Order: The petitioner is arrayed as accused No.2 in Crime No.65 of 2025, of Atchutapuram Police Station, Anakapalli district, for alleged offence under Section 420 of IPC. 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 5. Officer, Atchutapuram Police Station, Anakapalli district, to follow the contemplated under Section 35(3) of the Bharatiya Nagarik BNSS”) in so far as the petitioner is procedure as Suraksha Sanhita, 2023 (for short concerned. miscellaneous petitions, if any, shall stand Station, As a sequel, pending 6. / closed. Sd/- assistant (2014) TSCC273 //true COPV/» SE' Police AtchutaP'J'^®'^ Officer, oration House ;ra.ava«lOUTl CD Copies To, af Pradesh 4. Two SAM Igsgl HIGH COURT DATED: 04/07/2025 ORDER CRLP No. 6748 of 2025 a 2 3JUL 2025 1^ Co is^rent Secti5ii^>^ DISPOSING OF THE CRLP