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2025 DAILYLAW 25614 (AP)

K Prashanth Kumar v. THE STATE OF ANDHRA PRADESH

CRLP/7509/2025 · 2025-07-20

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 APHC010361502025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7509/2025 Between: 1. K PRASHANTH KUMAR, S/O. KAMPA BHASKARA RAO, AGED 35 YEARS, R/O. D.NO. 13-55 1 2 202, AKASH ENCLAVE, SAI PURI COLONY, OPP SAINT ANNS CRAMMER SCHOOL, MALKAJGIRI- 500047. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT AMARAVATI. 2. KAMPA PRAVALIKA, W/O. PRASANTH KUMAR, AGED 33 YEARS, R/O. EPURUPALEM VILLAGE, CHIRALA MANDAL, BAPATIA DISTRICT ...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 entire proceedings against the Petitioner /accused No.1 in Crime. No.97 of 2025 of Chirala II Town Police Station, Bapatia District, and to pass IA 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 2 certified copies of FIR In Crime. No.97 of 2025 of Chirala II Town Police Station, Bapatia District, and to pass IA 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 including appearance of the Petitioner/accused No.1 Crime. No.97 of 2025 of Chirala II Town Police Station, Bapatia District, pending disposal main criminal petition and pas Counsel for the Petitioner/accused: 1. B RAMESH Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7509/2025 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. 97 of 2025, of Chirala II Town Police Station, Bapatla District for the offences punishable under Sections 85 BNS and Sections 3 & 4 of Dowry Prohibition Act. 2. Heard Sri B.Ramesh, learned counsel for the Petitioner/Accused No.1 and Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. 3. Learned counsel for the petitioner would submit that the petition may be disposed of by giving protection to the petitioner vide guidelines of the Hon’ble Apex Court in Arnesh Kumar v. State of Bihar1. 4. Learned Assistant Public Prosecutor, on instructions, would submit that 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. 5. Considering the submissions, this Criminal petition is disposed of with the following; 1 (2014) 8 SCC 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). 6. It goes without saying that, if any charge sheet is filed in the above crime, the petitioner is at liberty to challenge the charge sheet, if he feels aggrieved by the same. 7. In the result, the Criminal Petition is disposed of. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 21.07.2025 UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7509/2025 Dated.21.07.2025 UPS 139