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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO: 141 OF 2025 Between: Vidadala Rajani, W/o Kumara Swamy Vidadata, Aged about 34 years. Occ Former Minister and Former Member of Legislative Assembly, Chilakaluripet Assembly Constituency, R/o H.No.9-2-147, Sai Grand-101, 2nd Lane, Syamala Nagar, Revenue-3 Ward, Pattabhipuram, Guntur, A.P.
522006. ...PETITIONER/ACCUSED No.1 AND
1. The State Of Andhra Pradesh, Represented by S.H.O, Chilakaluripet Town P.S., Palnadu District, Rep. Through the Public Prosecutor, State of Andhra Pradesh, High Court of Andhra Pradesh at Amaravati. Pilli Koteswara Rao,, S/o Subba Rao, Aged about 38 years, R/o D.No. 11-428, Turpumalapalli, Chilakaluripet Town, Palnadu District, Andhra Pradesh. 2. ...RESPONDENT/COMPLAINANT Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court pleased to Quash the FIR No.294 of 2024 registered/lodged on the file of Chilakaluripet Town P.S., Palnadu District, for the offences
n punishable under Sections 189(2), 126(2) r/w Section 190 of BNS, in the interest of equity and justice while exercising its inherent jurisdiction under . ?§ection 528 of BNSS iX N5: 2 0F 2025 r ■4 h ky * ^ ^ ^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 eased to grant stay of all further proceedings, including the arrest of the Petitioner herein in FIR No.294 of 2024 registered/lodged on the file of Chilakaluripet Town P.S., Palnadu District, pending disposal of the above Criminal Petition This Petition coming on for hearing upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Ajay Kumar Kanaparthi, Advocate for the Petitioner and the Public Prosecutor (AP) on behalf of the Respondent The Court made the following: ORDER
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUFSDAY THE SEVENTH DAY OF JANUARY THOUSAND AND TWENTY FIVE PRESENT SRI JUSTICE K SREENIVASA REDDY ^piiyiMAi PFTITION N0.141 OF 20M APHC010005602025 [3327] THE HONOURABLE Between: ...PETITIONER/ACCUSED Vidadala Rajani AND ...RESPONDENT/COMPLAINANT(S) The State of AP and another Counsel for the Petitioner/accused.
1.AJAY KUMAR KANAPARTHl Counsel for the Respondent/complainantiS):
1.PUBLIC PROSECUTOR Court made the following ORDER; This Criminal Petition The under Section 528 of the Bharatiya has been filed on behalf of the in Crime No.294 of 2024 , Palnadu district, registered Sections 189(2), 126(2) read Nagarik Suraksha Sanhita, 2023 petitioner/AI, to quash the proceedings in of Chilakaluripet Town Police Station the offences punishable under for with 190 of the Bharatiya Nyaya Sanhita, 2023. 2
2.
Learned counsel for the petitioner, after arguing for some time, has confined his argument to the extent of protecting the petitioner herein from the coercive action by the police on the ground that the offences alleged are punishable with imprisonment of less than seven years and prays this Court to direct the police to follow the procedure as contemplated under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
3. On the other hand, learned Assistant Public Prosecutor did not oppose the same and concurred with the submission made by the learned counsel for the petitioner for the reason that the offences alleged are punishable with imprisonment of less than seven years.
4. Heard. Perused the material on record. Since the offences alleged are punishable with imprisonment of less than seven years, this Court directs the police to follow the procedure as contemplated under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, scrupulously, as per the guidelines enunciated in Arnesh Kumar Vs. State of Bihar and another^
5. ^ (2014) 8 see 273
3 above directions, the Criminal Petition is disposed
6. With the of. sequel thereto, the miscellaneous petitions, if any pending in this Criminal Petition, shall stand closed.
7. As a Sd/- V.SAYTANARAYANA DEPUTY REGISTRAR //TRUE COPY// OFFICER To, Officer Chilakaluripet Town Police Station Palnadu
1. The Station House District.
2. One CC to Sri. Ajay kumar kanaparthi. Advocate [OPUC] the Public Prosecutor, High Court of AP [OUT]
3. Two CC s to
4. Three CD Copies ns
HIGH COURT DATED:07/01/2025
ORDER CRLP.No.141 of 2025 12 MAR 2025 Xa^ . Current Section DISPOSING THE CRLP I