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2025 DAILYLAW 23095 (AP)

Parthapu Sayilu alias Prathapu Shahil Kumar, v. The State of Andhra Pradesh

CRLP/6713/2025 · 2025-07-02

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010324462025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI -j: THURSDAY, THE THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6713 OF 2025 Between: 1. Parthapu Sayilu alias Prathapu Shahil Kumar, S/o. Suresh, Aged about 19 years, Occ: Student, Vizianagaram District. 2. Parthapu Sushel alias Prathapu Sisel Kumar, S/o. Suresh, Aged about 20 years, Occ: Student, R/o H.No.1-2, Kottavalasa, Pachipenta, Vizianagaram District. R/o H.No. 1-2, Kottavalasa, Pachipenta, ...PETITIONERS/ACCUSED N0.1 & 2 AND 1. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati, Through Station House Officer, Pachipenta Police Station, Parvathipuram Manyam District. 2. Runkana Yemi, S/o. Rama Rao, aged about 29 years, R/o. Kottavalasa Village, Pachipenta Mandal, Parvathipuram Manyam District. ...RESPONDENTS/COMPLAINANT Petition under Section 482 of Cr.P.C Old Act U/S. 528 of BNSS, 2023 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 FIR No. 109 of 2024 on the file of Pachipenta Police Station, Parvathipuram Manyam District, dated 28-08-2024 for alleged offence under Section 117 (2), 115(2), r/w 3(5) BNS, (old Act 323, 325, r/w 34 IPC) against the petitioners/Accused No.1 & 2. 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 stay of all further proceedings including arrest of the petitioners/Accused No.1 & 2 herein in FIR No. 109 of 2024 on the file of Pachipenta Police Station, Parvathipuram Manyam District, dated 28-08- 2024. Counsel for the Petitioners : SRI. SRAVAN KUMAR NAIDANA Counsel for the Respondents : PUBLIC PROSECUTOR The Court made the following ORDER : APHC010324462025 % IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] h THURSDAY, THE THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6713/2025 Between; 1.PARTHAPU SAYILU ALIAS PRATHAPU SHAHIL KUMAR SURESH, AGED ABOUT 19 YEARS, OCC- STUDENT. R/0 H.NO. 1- 2, KOTTAVALASA, PACHIPENTA, VIZIANAGARAM DISTRICT. S/0 ALIAS PRATHAPU SISEL KUMAR, S/0 SURESH. AGED ABOUT 20 YEARS, OCC STUDENT, R/0 H.NO.1-2, KOTTAVALASA, PACHIPENTA, VIZIANAGARAM DISTRICT. 2.PARTHAPU SUSHEL ...PETITIONER/ACCUSED(S) AND 1.THE STATE OF ANDHRA PRADESH. REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT AMARAVATI, THROUGH STATION HOUSE OFFICER, PACHIPENTA POLICE STATION, PARVATHIPURAM MANYAM DISTRICT 2.RUNKANA YEMI, S/0 RAMA RAO, AGED ABOUT 29 YEARS, R/0 MANDAL, KOTTAVALASA VILLAGE, PARVATHIPURAM MANYAM DISTRICT PACHIPENTA ...RESPONDENT/COMPLAINANT(S); Counsel for the Petitioner/accused(S); 1.SRAVAN KUMAR NAIDANA Counsel for the Respondent/complainant{S); 1.PUBLIC PROSECUTOR 2 A / The Court made the following; ORDER;- Heard the learned counsel appearing for the petitioners and the learned Assistant Public Prosecutor appearing for the State. The learned counsel for the petitioners submits that the petitioners are 2. students and are arraigned as Accused Nos.1 and 2 in Crime No. 109 of 2024 for the alleged offences under Sections 117(2), 115(2) r/w 3(5) of the BNS. It is submitted that the petitioners’ father has filed a complaint against the 2nd respondent vide Crime No.110 of 2024 for the alleged offences under Sections 115(2), 79, and 351(3) r/w 3(5) of the BNS and Sections 3(1 )(s), 3(1 )(r), and 3(2)(va) of the SC/ST (Prevention of Atrocities) Act. It is submitted that the present complaint has been filed as a counterblast. 3. It is also submitted that the petitioners are students and are under constant threat of arrest and custodial torture. Considering the submissions, the Station House Officer, Pachipenta 4. Police Station, Parvathipuram Manyam District, is directed to complete the investigation without taking any coercive steps against the petitioners in Crime No.109 of 2024. Accordingly, this Criminal Petition is disposed off. 5. As a sequel, pending miscellaneous petitions, if any, shall stand closed. SD/- K.J.RAJABABU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Station House Officer, Pachipenta Police Station, Parvathipuram Manyam District. 2. One CC to Sri. Sravan Kumar Naidana, Advocate [OPUC] 3. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. [OUT] 4. Three C.D Copies. Ssl TAG high court DATED:03/07/2025 % ORDER CRLP NO. 6713 OF 2025 X 15 JUL 2025 W O^ Current Secnon ^ CRIMINAL PETITION IS DISPOSED OF.