Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 24727 (AP)

Shaik Shabbir Vali v. The State of Andhra Pradesh

CRLP/7241/2025 · 2025-07-10

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

H 0 APHC010349942025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH. CRIMINAL PETITION NO: 7241 OF 2025 Between; Aged about 32 years, Occ: R/o. D.No.9-152, Gandi Raod, Vempalle Y.S.R Kadapa 1. Shaik Shabbir Vali, S/o.Sadak Valli Ex-ZPTC, District. 2. Sayyad Darbar Basha @ Gujjiri Darbar Basha, S/o. Nasuruddin, aged Occ; Business, R/o.D.No.15/364, Maddeena Puram, about 51 years Vempalle, Y.S.R Kadapa District. ...Petitioners AND State of Andhra Pradesh, rep. by its Public Prosecutor, High Court 1. The Buildings, Amaravati. Ramanjula Reddy, S/o.B.Ramachandra Reddy, Aged about 39 Vempalli U/G Police Station, YSR 2. B years, Occ Police Constable Kadapa District. ...Respondents Petition under 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 call for the records in Cr.No.254 of 2025 on the file of the YSR Kadapa District registered for the offences Vempalli Police Station punishable under Sections 109(1), 132, 191(2), 191(3), 324(4) r/w 49 of the % BNS, 2023 and Sections 3 & 4 of The Prevention of Damage to Public Property Act, 1984and quash the same. lA NO: 2 OF 2025 Petition under 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 stay all further proceedings including taking steps against the petitioners in Cr.No.254 of 2025 on the file of the Vempalli Police Station, YSR Kadapa District, pending disposal of the above Criminal Petition. Counsel for the Petitioners: Sri V R REDDY KOWURI, Advocate Counsel for Respondent No.1: The Public Prosecutor, High Court of A.P. Counsel for Respondent No.2: - The Court made the following order: any coercive APHC010349942025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] FRIDAY,THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 7241/2025 Between: 1.SHAIK SHABBIR VALI, , S/O.SADAK VALLI, AGED ABOUT 32 YEARS, OCC- EX-ZPTC, R/0. D.NO.9-152, GANDI RAOD, VEMPALLE Y.S.R KADAPA DISTRICT. 2.SAYYAD DARBAR BASHA @ GUJJIRI DARBAR BASHA,, S/0. NASURUDDIN, AGED ABOUT 51 YEARS, OCC- BUSINESS R/O.D.NO.15/364, MADDEENA PURAM, VEMPALLE, Y.S.R KADAPA DISTRICT. ...PETITIONER/ACCUSED(S) AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, AMARAVATI. 2.B RAMANJULA REDDY, S/O.B.RAMACHANDRA REDDY ABOUT 39 YEARS, OCC POLICE CONSTABLE POLICE STATION, YSR KADAPA DISTRICT. AGED VEMPALLI U/G ...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 Courtmay be pleased to call for the records in Cr.No.254 of 2025 on the file of the Vempalli Police Station, YSR Kadapa District registered for the offences punishable under Sections 109(1), 132, 191(2), 191(3), 324(4) r/w 49 of the BNS, 2023 and Sections 3 & 4 of The Prevention of Damage to Public Property Act, 1984and quash the same 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 may be pleased to dispense with the filing of the certified of the FIR in Cr.No.254 of 2025 on the file of the Vempalli Police Station, YSR Kadapa 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 may be pleased to stay all further proceedings including taking any coercive steps against the petitionersin Cr.No.254 of 2025 on the file of the Vempalli Police Station, YSR Kadapa District, pending disposal of the above Criminal Petition Counsel for the Petitioner/accused(S): 1.VR REDDY KOWURI Counsel for the Respondent/complainant(S); 1. PUBLIC PROSECUTOR The Court made the following: 2 THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 7241 of 2025 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 arraigned as accused Nos.2 and 6 in Crime No.254 of 2025 on the file of Vempalli Police Station, Vempalli, YSR Kadapa District, for the alleged offences under Sections 109(1), 132, 191(2), 191(3), 324(4) r/w 49 of BNS, 2023 and Sections 3 and 4 of P.D.P.P.Act, 1984. The learned counsel for the petitioners further submits that the 2^*^ respondent has filed a complaint alleging that apart from the petitioners 159 others had resorted to commit the said offences. It is submitted that one girl from Muslim community was found missing and in that regard, her father approached the police and filed a complaint on 07.07.2025. It is further submits that the father of the girl along with other community people have approached the police. It is alleged that the crowd of more than 150 people have surrounded the police station and also attack the police station with stones and bricks, resulting in damage of window panes. 2. are 3. The learned Assistant Public Prosecutor, on instructions, submits that the crime was registered on 07.07.2025 and investigation is pending. 4. Considering the submissions, the police to complete the investigation strictly in accordance with law by duly identifying the people, who are involved in 3 the offence by referring to the CCTV footage of the police station. On the complaint, the allegations under Section 109 of BNS may not be made applicable. On these considerations, police to complete investigation in accordance with law by duly issuing notice under section 35(3) of B.N.S, 2023. The accused shall cooperate with investigation. 5. Accordingly, this Criminal Petition is disposed off. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- U SRIDEVI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Station House Officer, Vempalli Police Station, YSR Kadapa District. 2. One CC to SRI V R REDDY KOWURI, Advocate [OPUC] 3. Two CC’s to the Public Prosecutor, High Court of A.P [OUT] 4. Three CD Copies GPC PRK HIGH COURT DATED: 11/07/2025 GPC ORDER CRLP NO. 7241 OF 2025 DISPOSING OF THIS CRIMINAL PETITION