KAMIREDDY SATYANARAYANA REDDY v. THE STATE OF ANDHRA PRADESH
CRLP/231/2025 · 2025-01-09
Venkata Jyothirmai Pratapa
body2025
DailyLaw.ai
[ 2025 DAILYLAW 2796 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 2796 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI CIS*3 THURSDAY, THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE -P CO -4 Ui O. A PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATA^ c:
CRIMINAL PETITION NO: 231 OF 2025 Between: Kamireddy Satyanarayana Reddy, S/o Sundararami Reddy, aged about 66 years, R/o D.No. 1-117, Main Road Inside, Chillakuru Village, Jeelapaturu Post, Nellore, SPSR Nellore District. ...Petitioner/Accused AND
1. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh, at Amaravati. 2. Nelaballi Mahesh, S/o Krishnaiah, Aged about 35 years, R/o Chillakur Village Pellakur Mandal, Tirupathi District. Ph no. 9381050168. ...Respondents Petition under Section 482 of Cr.P.C & 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 in Crime. No; 138 of 2024 the file of Pellakur Police Station, Tirupathi District being in abuse of process of law
I.A. NO: 1 OF 2025 Petition under Section 482 of Cr.P.C & 528 of BNSS, praying that in the circumstances stated in the Memorandum of Grounds of Criminal -^-.Petition,the High Court may be pleased to Dispense with the filing of the ■' certified copy of FIR in Crime. No. 138 of 2024 the file of Pellakur Police Station, Tirupathi District. I.A. NO: 2 OF 2025 Petition under Section 482 of Cr.P.C & 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 in Crime No: 138 of 2024 on the file of Pellakur Police Station, Pellakur Mandal, Tirupathi District, pending disposal of the main Criminal Petition.
This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Sivaprasad Reddy Venati, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1 and None Appeared for the Respondent No.2 The Court made the following; ORDER
I APHC010007692025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 96] THURSDAY .THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 231/2025 Between: ...PETITIONER/ACCUSED Kamireddy Satyanarayana Reddy AND ...RESPONDENT/COMPLAINANT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner/accused:
1.SIVAPRASAD REDDY VENATI Counsel for the Respondent/complainant{S):
1.PUBLIC PROSECUTOR The Court made the following:
2 9
ORDER: The instant Criminal Petition, under Section 528 of B.N.S.S., 2023 (u/s.482 of the Code of Criminal Procedure, 1973) has been filed by the Petitioner/Accused, seeking quashment of the entire proceedings in Crime No.138 of 2024, on the file of Pellakur Police Station, Pellakur Mandal Tirupathi District.
2. Heard Sri Siva Prasad Reddy Venati, learned counsel for the petitioner and Ms. K.Priyanka Lakshmi learned Assistant Public Prosecutor representing 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 Bihar\
4. Learned Assistant Public Prosecutor, on instructions, would submit that the offence registered against the petitioner is 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: 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 petitioner, concerned police authorities are directed to scrupulously (2014) 8 see 273
3 / follow the procedure prescribed under Section 41-A Cr.P.C., [(35 (3) of BNSS] 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 petitioner is at liberty to challenge the charge sheet, if he feels aggrieved by the same. Accordingly, the Criminal Petition is disposed of. Pending applications, if any, shall stands closed.
6.
7.
SD/- N NAGAMMA ASSISTANT REGISTRAR ■\ //TRUE COPY// N OFFICER SE To,
1. The Station House Officer, Pellakur Police Station, Chittoor District.
2. One CC to Sri. Sivaprasad Reddy Venati Advocate [OPUC]
3. Two CC's to the Public Prosecutor, High Court of Andhra Pradesh at Amaravati [OUT]
4. Three CD Copies SAM vna
HIGH COURT DATED:09/01/2025
ORDER CRLP.No.231 of 2025 — / 11) JAN 2025 O ^ ^ Current Section ov ml. o> disposing of the crlp