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2025 DAILYLAW 23719 (AP)

MAMIDI SEKHAR @ MAMIDI SRIKANTH v. THE STATE OF ANDHRA PRADESH

CRLP/6947/2025 · 2025-07-07

Harinath N

body2025

Judgment text

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I APHC010334922025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6947 OF 2025 Between: 1. Mamidi Sekhar @ Mamidi Srikanth, (Accused-1) S/o.Chinna Venkatappaiah, aged about 52 years, R/o. F.No. 103, Mayuri Nanda Apartments, Opp: Current Office, Gujjanagundia, Guntur District, A.P. 2. Rayaia Bapuji Rayal Babji, (Accused-2) S/o.Rayala Raja Rao, aged about 39 years, R/o. D.No. 3-126, near ROM Church, Kolanukonda, Guntur District, A.P. ...Petitioners/Accused AND 1. The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh. 2. Kodirekka Kotiratnam, S/o.Yesobu, aged about 45 years, R/o. Gayathri Homes, L.B Nagar 2"^^ lane, Chakaligunta Guntur City, Guntur District, A.P. ...Respondents Petition under Section 482 of Cr.P.C and 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 proceedings in Crime No. 173/2025 against the Petitioner/Accused for the offence punishable U/Sec. 318(4), 351(2) R/w 3(5) BNS on the file of Lalapet P.S., Guntur District. 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 Petitioner/Accused in Crime No. 173/2025 for the offence punishable U/Sec. 318(4), 351(2) R/w 3(5) BNS on the file of Lalapet Police Station, Guntur District. Counsel for the Petitioners: Dr SAYYED BABU SHAIK Counsel for the Respondents: PUBLIC PROSECUTOR The Court made the following ORDER: APHC010334922025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6947/2025 Between: 1.MAMIDI SEKHAR @ MAMIDI SRIKANTH, (ACCUSED-1) S/O.CHINNA VENKATAPPAIAH, AGED ABOUT 52 YEARS MAYURI NANDA APARTMENTS, GUJJANAGUNDIA, GUNTUR DISTRICT, A.P. R/0. F.NO. 103 OPP CURRENT OFFICE 2.. RAYALA BAPUJI RAYAL BABJI, (ACCUSED-2) S/O.RAYALA RAJA RAO, AGED ABOUT 39 YEARS R/0. D.NO. 3-126, NEAR RCM CHURCH, KOLANUKONDA, GUNTUR DISTRICT A.P ...PETITIONER/ACCUSED(S) AND 1.THE STATE OF ANDHRA PRADESH, T PROSECUTOR, HIGH COURT OF ANDHRA PRADESH. 2.KODIREKKA KOTIRATNAM, S/O.YESOBU, AGED ABOUT 45 YEARS, R/0. GAYATHRI HOMES, L.B NAGAR2ND LANE,CHAKALIGUNTA GUNTUR CITY, GUNTUR DISTRICT, A.P. REP BY ITS PUBLIC ...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 in Crime No. 173/2025 against the Petitioner/Accused for the offence punishable U/Sec. 318(4), 351(2) R/w 3(5) BNS on the file of Lalapet P.S., Guntur District and pass 2 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 FIR and complaint in Crime No. 173/2025 for the offence punishable U/Sec. 318(4), 351(2) R/w 3(5) BNS on the file of Lalapet P.S., Guntur District and pass 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 The Honble Court may be pleased to Stay of all further proceedings including arrest of the Petitioner/Accused in Crime No. 173/2025 for the offence punishable U/Sec. 318(4), 351(2) R/w 3(5) BNS the file of Lalapet P.S., Guntur District, until disposal of the quash petition and pass Counsel for the Petitloner/accused(S): 1. Dr SAYYED BABU SHAIK Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR on 3 I The Court made the following Order: The petitioners are arrayed as accused in Crime No. 173 of 2025 of Lalapet Police Station, Guntur district, for alleged offences under Sections 318(4), 351(2) read with 3(5) of BNS. 2. Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor appearing for the State. Though the learned counsel for the petitioners 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^. 3. 4. The learned Assistant Public Prosecutor stated that he has no objection to give such a direction. The criminal petition is disposed of by directing the Station House Officer, Lalapet Police Station, Guntur district, to follow the procedure as contemplated under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”) in so far as the petitioners are concerned. 5. 6. As a sequel, pending miscellaneous petitions, if any, shall stand closed. SD/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Station House Officer, Lalapet Police Station, Guntur District. 2. One CC to SRI. Dr SAYYED BABU SHAIK Advocate [OPUC] 3. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh at Amaravati. [OUT] 4. Two CD Copies Chp AL HIGH COURT DATED:08/07/2025 ORDER CRLP NO. 6947 OF 2025 ^ . Curreni asiciion DISPOSING OF THE CRIMINAL PETITION