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2025 DAILYLAW 25941 (AP)

Malta Venkata Vajije Narasimha Rao v. The State of Andhra Pradesh

CRLP/7614/2025 · 2025-07-21

Venkata Jyothirmai Pratapa

body2025

Judgment text

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I APHC010367162025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION No: 7614 OF 2025 Between: 1. Matta Venkata Vajje Narasimha Rao(Matta Varji Vijaya Narasimha Rao as shown in FIR) S/o. Matta Vishnu Mohan Rao, aged 39 years, J Square, Flat No. 101, 10*^ line, Ambapuram, Ambapuram, N.T.R District, Andhra Pradesh-520012. 2. Morla Thanujadevi, (Matta Tanujaa Devi as shown in FIR) C/o Narasimha Rao MW, aged about 38 years, R/o.1-101, J Square, 10 Ambapuram, Ambapuram, N.T.R District th line Andhra Pradesh- 520012. 3. Vinukonda Naga Durga Prasad, S/o Sambasiva Rao, aged about 37 years, R/o. 4-44, Medapadu, West Godavari, Andhra Pradesh-534268 . 4. Pecheti Umamaheswara Rao, (Hetcheti Uma Maheswara Rao shown in FIR), C/o. Balaji Suryam, aged about 36 years, R/o 3-1-340, Ram Nagar, Samithi Singaram, Manuguru, Bhadradri Kothagudem District. as ...Petitioners/Accused No. 2 to 5 AND / 1. The State of Andhra Pradesh, Station House Officer, III Town P.S, Visakhapatnam Rep by its Public Prosecutor, .High Court of A.P, Amaravati. ...(Complainant) (De-facto Complainant) S/o Bangarayya, Aged about 32 Years R/o D. No. 11-192, Itanagar Tenali Gintur District. 2. Pullagura Jagadish Chandra... ...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 quash the FIR in Cr. No. 110 of 2024 dated 31-05-2024of III Town P.S, Visakhapatnam Commissionerate, Visakhapatnam District. 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 against the petitioners in connection with FIR No.no of 2024 dated 31-05-2024 of III Town, Visakhapatnam Commissionerate, Visakhapatnam District. Counsel for the Petitioners: M/s. PUTTY MOUNICA Counsel for the Respondent: PUBLIC PROSECUTOR The Court made the following order: r 1 APHC010367162025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7614/2025 Between: 1.MALTA VENKATA VAJlJE NARASIMHA RAO, S/0 MALTA VISHNU MOHAN RAO, AGED 39 YEARS J SQUARE, FLAT NO 101, 10TH LINE, AMBAPURAM, AMBAPURAM, N.T.R DISTRICT ANDHRA PRADESH 520012 2.MORLA THANUJADEVI, (MATTA TANUJAA DEVI AS SHOWN IN FIR) C/0 NARASIMHA RAO MW, AGED ABOUT 38 YEARS, R/0 1-101 J SQUARE, 10TH LINE, AMBAPURAM, AMBAPURAM N.T.R DISTRICT ANDHRA PRADESH-520012 3.VINUKONDA NAGA DURGA PRASAD,, S/0 SAMBASIVA RAO, AGED ABOUT 37 YEARS, R/0 4-44, MEDAPADU WEST GODAVARI, ANDHRA PRADESH-534268 4.PECHETI UMAMAHESWARA RAO (HETCHETI UMA MAHESWARA RAO AS SHOWN IN FIR), C/0 BALAJI SURYAM, AGED ABOUT 36 YEARS, R/0 3-1-340, RAM NAGAR, SAMIThI SINGARAM DISTRICT MANUGURU, BHADRADRI KOTHAGUDEM ...PETITIONER/ACCUSED(S) AND 1.THE STATE OF ANDHRA PRADESH, Station House Officer, III TownP.S.jVisakhapatnam Rep by its Public Prosecutor, High Court of A.P, Amaravati. ...RESPONDENT/COMPLAINANT 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 FIR in Cr. No 110 of 2024dated 31-05-2024of III Town P.S, Visakhapatnam Commissionerate, Visakhapatnam District against the petitioners herein 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 pleased to dispense with filing of certified copy of FIR No. 110 of 2024 dated 31-05-2024 Visakhapatnam Commissionerate, Visakhapatnam District and of III Town ! pass / 2 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 Pleased to stay all further proceedings against the petitionersin connection with FIR No. no of 2024 dated 31-05-2024 of III Town, Visakhapatnam Visakhapatnam District and pass Counsel for the Petitioner/accused(S): 1. PUTTY MOUNICA Counsel for the Respondent/complainant; 1. PUBLIC PROSECUTOR The Court Made the Following Order: Commissionerate The instant Criminal Petition is filed under Section 528 of the BNSS, by the Petitioners herein/Accused Nos.2 to 5, to quash the proceedings in Crime No.110 of 2024 of III Town Police Station, Visakhapatnam Commissionerate, registered for the offences punishable under Sections 406, 419, 420, 464, 465, 468 and 471 read with 34 IPC. Heard learned counsel for the petitioners and the learned Assistant 2. Public Prosecutor representing the respondent/State. Learned counsel for the petitioners would submit that the petition 3. may be disposed of by giving protection to the petitioners vide guidelines of the Hon’ble Apex Court in Arnesh Kumar v. State of Bihar\ Learned Assistant Public Prosecutor, on instructions, would submit 4. that the offences registered against the petitioners are punishable with less than seven years period of imprisonment and necessary direction may be given to the concerned Station House Officer. (2014) 8 see 273 3 0 Considering the submissions, this criminal petition is disposed of 5. with the following; 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 the Bharatiya Nagarik Suraksha Sanhita, 2023, 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 crime, the petitioners are at liberty to challenge the charge sheet, if they 6. feels aggrieved by the same. Accordingly, the Criminal Petition is disposed of. Pending applications, if any, shall stands closed. 7. Sd/- M. SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The III Town P.S, Visakhapatnam Commissionerate, Visakhapatnam District. One CC to M/s. Putty Mounica, Advocate [OPUC] , Two CCs to the Public Prosecutor, High Court of Andhra Pradesh, Amaravati [OUT] Two CD Copies. 2. 3. 4. / t MKP HIGH COURT DATED:22/07/2025 ORDER CRLP No. 7614 OF 2025 o Nposing the CRIMINAL PETITION