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2025 DAILYLAW 25602 (AP)

ROUTHU NARAYANA RAO v. The State of Andhra Pradesh

CRLP/7504/2025 · 2025-07-20

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010361392025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE TWENTY FIRST DAY OF JULYB TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7504 OF 2025 Between: Routhu Narayana Rao, S/o Routhu Ramana, Aged 37 years, 3-19, Raja Street, Kandi Valasa, Pusapatirega Mandal, Vijayanagaram, A.P, 535 204 ...Petitioner/Accused No.1 AND 1. The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of A.P.Amaravati. 2. Dr. R.Prem Kumar, Registrar, SRM University-AP, Neerukonda Village, Mangalagiri Mandal, Guntur District, Andhra Pradesh -522 240. ...Respondent/ Defacto Complainant 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 Quash the Crime No. 144 of 2025 dated 03.04.2025 of Mangalagiri Rural PS, Guntur District for the alleged offences under Sections 318 (4), 336(2), 336(3), 340(2), 61(2) 316(2) & (4) of BNS, 2023. 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 grant STAY of all further proceedings Crime No. 144 of 2025 dated 03.04.2025 of Mangalagiri Rural PS, Guntur District for the alleged offences under Sections 318 (4) 336(2), 336(3), 340 (2), 61(2) 316(2) & (4) of BNS, 2023, pending disposal of the Criminal Petition. Counsel for the Petitioner: Sri Rosedar S.R.A. Counsel for Respondent No.1: The Public Prosecutor, High Court of A.P. Counsel for Respondent No.2: -- The Court made the following order: 1 % APHC010361392025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] m MONDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7504/2025 Between: 1.ROUTHU NARAYANA RAO, S/0 ROUTHU RAMANA, AGED 37 YEARS 3-19, RAJA STREET, KANDI VALASA, PUSAPATIREGA MANDAL, VIJAYANAGARAM, A.P, 535 204 ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PUBLIC PROSECUTOR, HIGH COURT OF A P AMARAVATI. 2. DR R PREM KUMAR, REGISTRAR NEERUKONDA VILLAGE, DISTRICT, ANDHRA PRADESH -522 240. SRM UNIVERSITY-AP, MANGALAGIRI MANDAL, GUNTUR ...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 Court may be pleased to QUASH the Crime No. 144 of 2025 dt.03-04-2025 of Mangalagiri Rural PS, Guntur District for the alleged offences under Sections 318 (4) 336(2), 336(3), 340 (2), 61(2) 316(2) and (4) of BNS, 2023 and pass such 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 filing of certified copy of Crime No. 144 of 2025 dt.03-04-2025 of Mangalagiri Rural PS, 2 Guntur District for the alleged offences under Sections 318 (4) 336(2), 336(3) 340 (2), 61(2) 316(2) & (4) of BNS, 2023, pending disposal of the above writ : petition and pass such 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 grant STAY of all further proceedings Crime No. 144 of 2025 dt.03-04-2025 of Mangalagiri Rural PS, Guntur District for the alleged offences under Sections 318 (4) 336(2), 336(3), 340 (2), 61(2) 316(2) & (4) of BNS, 2023, pending disposal of the Criminal Petition before this Hon’ble Court and pass such Counsel for the Petitioner/accused: 1.ROSEDARS.R.A Counsel for the Respondent/complainant(S): 1.PUBLIC PROSECUTOR 3 ^4- THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7504/2025 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 Petitioner/Accused No.1, seeking quashment of the proceedings pending against him in Crime No. 144 of 2025, dated 03.04.2025 of Mangalagiri Rural P.S., Guntur District for the offences punishable under Sections 318(4), 336(2), 340(2), 61(2), 316(2) & 316(4) of BNS, 2023. Heard Sri Asif Rosedhar, learned counsel for the Petitioner/Accu sed 2. No.1 and Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. Learned counsel for the petitioner would submit that the petition may be disposed of by giving protection to the petitionerV/c/e guidelines of the Hon’ble Apex Court in Arnesh Kumar v. State ofBihar\ 3. Learned Assistant Public Prosecutor, on instructions, would submit that 4. the offences registered against the petitioner are punishable with less than seven years period of imprisonment and necessary direction may be given to the concerned Station House Officer. Considering the submissions, this Criminal petition is disposed of with 5. the following: (2014) 8 see 273 4 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 35 (3) of BNSS., [Section 41-A Cr.P.C] and the guidelines laid down by the Hon’ble Supreme Court in Arnesh Kumar’s case (supra). It goes without saying that, if any charge sheet is filed in the above the petitioner is at liberty to challenge the charge sheet, if they feel aggrieved by the same. In the result, the Criminal Petition is disposed of. As a sequel thereto, miscellaneous petitions pending, if any, shall stand 6. crime 7. closed. Sd/-B PRASADA RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Station House Officer, Mangalagiri Police Station, Guntur District. 2. One CC to Sri Rosedar S.R.A, Advocate [OPUC] 3. Two CC’s to the Public Prosecutor, High Court of A.P. [OUT] 4. Three CD Copies GPC sree HIGH COURT DATED: 21/07/2025 ORDER CRLP NO. 7504 OF 2025 31 JUl 2075 X Co. o . Current Section ^ DISPOSING THIS CRIMINAL PETITION