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2025 DAILYLAW 2397 (AP)

KOLLIPARA VENKATA SUBBA RAO v. THE STATE OF ANDHRA PRADESH

CRLP/74/2025 · 2025-01-07

B V L N Chakravarthi

body2025

Judgment text

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APHC010003102025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3368] TUESDAY, THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI CRIMINAL PETITION NO: 74/2025 Between: Kollipara Venkata Subba Rao ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused: 1. V SAI KUMAR Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following order: This Criminal Petition is filed by the petitioner/Accused, under Section 482 of Code of Criminal Procedure, 1973, to quash FIR No.153 of 2024 of T.S.Sundar Police Station, Bapatla District registered for the offence punishable under Section 318(4) r/w 3(5) of BNS, 2023. 2 2. Heard learned counsel for the petitioner. Learned Assistant Public Prosecutor takes notice on behalf of the respondent No.1/State. 3. Learned counsel for the petitioner would submit that the criminal petition can be disposed of by giving directions to the respondent/police to follow the directions of the Hon’ble Apex Court in Arnesh Kumar Vs. State of Bihar and another. 4. Considering the facts and circumstances of the case, the Respondent/police are directed to follow the procedure as contemplated under Section 35(3) of the Bharatiya Nyaya Sanhita, 2023 corresponding to Section 41A Cr.P.C., scrupulously as per the guidelines enunciated in Arnesh Kumar Vs. State of Bihar and another1. 5. Accordingly, the Criminal Petition is disposed of at the stage of admission itself. As a sequel, interlocutory applications pending, if any, shall stand closed. ________________________ ____ JUSTICE B.V.L.N. CHAKRAVARTHI Dated: 07.01.2025. PSA 1 (2014) 8 SCC 273 3 THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI CRIMINAL PETITION NO: 74 of 2025 Date: 07.01.2025 PSA