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2025 DAILYLAW 23101 (AP)

Kuraku Hari Kumar v. The State of Andhra Pradesh

CRLP/6902/2025 · 2025-07-22

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010324262025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 6902 OF 2025 Between: 1. Kuraku Hari Kumar, S/o Prasad, Aged about 26 yrs, Occ:- R/o. Door No.2-6, Takkoli, Sidhout Mandal, YSR Kadapa District. 2. N.Venkata Subbaiah, S/o. Devaraju, Aged about 37 yrs, Occ:- R/o. H.No.3/18-7, Butchmpalli, Palempalli Post, YSR Kadapa District. 3. N.Srinivasulu, S/o. N. Devaraju, Aged about 29 yrs Occ:- H.No.3/18-7, Butchmpalli, Palempalli Post, YSR Kadapa District. 4. K.Chandra Sekhar, S/o. K.Rajeshwar, Aged about 25 years, Occ:- R/o. Shyamlal Building, Begumpet, Hyderabad, R/o. H.No.1-11-110/93, Telangana-500 016. 5. Kuraku Surya Teja, S/o. Nithyapujaiah, Aged about 22 years, Occ:- R/o. H. N0.2-6/B, Takkoli, Sidhout Mandal, YSR Kadapa District. 6. V.Vinay Kumar, S/o. Raja Sekhar, Aged about 29 years, Occ:- R/o. H.No. 2/253, Pallavolu village and post, Chepadu Mandal, YSR Kadapa District. 7. K.Ravi Teja, S/o. Nithyapujaiah, Aged about 29 years, Occ;- R/o. H.N0.2-6/B, Takkoli, Sidhout Mandal, YSR Kadapa District. 8. K.Venkata Subbamma, W/o. Nithyapujaiah, Aged about 47 years, Occ; Housewife, R/o. H.No.2-6/B, Takkoli, Sidhout Mandal, YSR Kadapa District. ...Petitioners/Accused Nos. 1 to 8 r AND 1. The State of Andhra Pradesh, ^ Station, Rep. by Public Prosecutor Amaravathi. 2. Pedamala Nagaraju, S/o. Subbarayudu Constable, R/o. H.No.6/1412-2C Shankarapuram Mobile No.9441557374. Through SHO, Chinnachowk Police - , High Court of Andhra Pradesh, Aged about 44 years, Occ: Near Ramakrishna Reddy Hospital, Aadhar No. 8805 Kadapa, 0227 2071 ...Respondent/Defacto Complainant Petition under Section 528 of BNSS praying that in the circumstances of Criminal Petition, the High Court proceedings against the in Crime No. 90 of 2025 dated 16.04.2025 ; police Station, YSR Kadapa District. stated in the Memorandum of Grounds be pleased to quash the Crime petitioners/Accused Nos. 1 to 8 i on the file of Chinna Chowk U/GPS jA NO: 2 OF 2n?.i^ Petition under Section 528 of BNSS stated in the Memorandum of Grounds may be pleased to praying that in the circumstances of Criminal Petition, the High Court . stay from all proceedings against the pe itioners/Accpsed Nos. 1 to 8 in Crime No.90 of 2025 dated 16.04.2025 the file of Chinna Chowk U/GPS on police Station, YSR Kadapa District. Counsel for the Petitioners: Counsel for Respondent No.1: ^ Counsel for Respondent No.2: - The Court made the following order: Sri K.Ramakrishna, Advocate The Public Prosecutor, High Court of A.P. I 1 -8^ r- APHC010324262025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY, THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 6902/2025 Between: 1.KURAKU HARI KUMAR, S/0 PRASAD AGED ABOUT 26 YRS, OCC R/0. DOOR NO.2-6, TAKKOLI, SIDHOUT MANDAL, YSR KADAPA DISTRICT. 2.N VENKATA SUBBAIAH, S/0. DEVARAJU, AGED ABOUT 37 YRS OCC R/0. H.NO.3/18-7, BUTCHMPALLI, PALEMPALLI POST, YSR KADAPA DISTRICT. 3.N SRINIVASULU, S/0. N. DEVARAJU,. AGED ABOUT 29 YRS OCC R/0. H.NO.3/18-7, BUTCHMPALLI, PALEMPALLI POST, YSR KADAPA DISTRICT. 4.K CHANDRA SEKHAR, S/0. K. RAJESHWAR, AGED ABOUT 25 YEARS, OCC R/0. H.NO.1-11-110/93, SHYAMLAL BUILDING, BEGUMPET, HYDERABAD, TEIANGANA-500 016. 5.KURAKU SURYA TEJA, S/0. NITHYAPUJAIAH, AGED ABOUT 22 YEARS, OCC R/0. H. N0.2-6/B, TAKKOLI, SIDHOUT MANDAL, YSR KADAPA DISTRICT. 6.V VINAY KUMAR, S/0. RAJA SEKHAR, AGED ABOUT 29 YEARS, OCC R/0. H.NO. 2/253, PALLAVOLU VILLAGE AND POST, CHEPADU MANDAL, YSR KADAPA DISTRICT. 7.K RAVI TEJA, S/0. NITHYAPUJAIAH, AGED ABOUT 29 YEARS, OCC R/0. H.N0.2-6/B, TAKKOLI, SIDHOUT MANDAL, YSR KADAPA DISTRICT. 8.K VENKATA SUBBAMMA, W/0. NITHYAPUJAIAH, AGED ABOUT 47 2 YEARS, OCC HOUSEWIFE, R/0. H.N0.2-6/B, TAKKOLI, SIDHOUT MANDAL, YSR KADAPA DISTRICT. ...PETITIONER/ACCUSED(S) AND 1.THE STATE OF ANDHRA PRADESH, THROUGH SHO, CHINNACHOWK POLICE STATION, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, AMARAVATHI. 2.PEDAMALA NAGARAJU, S/0. SUBBARAYUDU, AGED ABOUT 44 YEARS, OCC CONSTABLE, R/0. H.N0.6/1412-2C, NEAR RAMAKRISHNA REDDY HOSPITAL, SHANKARAPURAM, KADAPA. AADHAR NO.8805 0227 2071, MOBILE N0.9441557374. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused{S): 1. RAMAKRISHNA K Counsel for the Respondent/complainant{S): 1. 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 6902/2025 ORDER: The instant criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C)/under Section 528 of BNSS., has been filed by the Petitioners/Accused Nos.1 to 8, seeking quashment of the proceedings pending against them in Crime No.90 of 2025 dated 16.04.2025, of Chinna Chowk U/GPS Police Station, YSR Kadapa District registered for the offence punishable under Section 351(2) of BNS. Heard Sri Ramakrishna K, learned counsel for the Petitioners/Accused 2. Nos.1 to 8 and Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. Learned counsel for the petitioners would submit that the petition may be disposed of by giving protection to the petitioners vide guidelines of the Hon’ble Apex Court in Arnesh Kumar v. State ofBihar\ 3. I / Learned Assistant Public Prosecutor, on instructions, would submit that 4. the offences registered against the petitioners are punishable with less than seven years period of imprisonment and necessary direction may be given to the concerned Station House Officer. (2014) 8 see 273 4 5. Considering the submissions, this Criminal petition is disposed of with the following; a. Investigating Officer is at liberty to complete the investigation, in accordance with law. b. In the event of any coercive action sought to be taken against the petitioners, concerned police authorities are directed to scrupulously follow the procedure prescribed under Section [Section 41-A Cr.P.C] and the guidelines laid down by the Hon’ble Supreme Court in Amesh Kumar’s case (supra). 6. It goes without saying that, if any charge sheet is filed crime, the petitioners are at liberty to challenge the charge sheet, aggrieved by the same. In the result, the Criminal Petition is disposed of. As a sequel thereto, miscellaneous petitions pending, if any, shall stand 35 (3) of BNSS. in the above if they feel 7. closed. \ Sd/-K KASIRAO ACHARI . ASSISTANT registrar 3lfOFFICER //TRUE COPY// SE To 1. The Station House Officer, Chinnachowk U/GPS Police Station, YSR Kadap District. 2. One CC to Sri. K.Ramakrishna, Advocate [OPUC] 3. Two CC’s to the Public Prosecutor, High Court of A.P. 4. Three CD Copies GPC nm HIGH COURT DATED: 23/07/2025 ORDER CRLP NO. 6902 OF 2025 DISPOSING OF THIS CRIMINAL PETITION