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2025 DAILYLAW 2878 (AP)

KANDULA SRIKANTH v. THE STATE OF ANDHRA PRADESH

CRLP/212/2025 · 2025-01-09

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010009082025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY ,THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 212/2025 Between: Kandula Srikanth and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused(S): 1. THANJAVURU VENKATA SUMAN Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: 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 Petitioners/Accused, seeking quashment of the entire proceedings in Crime No.294 of 2024, on the file of Chilakaluripet Town Police Station, Palanadu District. 2. Heard learned counsel for the petitioners and Ms. K.Priyanka Lakshmi learned Assistant Public Prosecutor representing the State. 3. Learned counsel for the petitioners would submit that the petition may be disposed of by giving protection to the petitioners 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 offence registered against the petitioners 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 petitioners, concerned police authorities are directed to scrupulously follow the procedure prescribed under Section 41-A Cr.P.C., [(35 (3) 1 (2014) 8 SCC 273 of BNSS] 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 petitioners are at liberty to challenge the charge sheet, if he feels aggrieved by the same. 7. Accordingly, the Criminal Petition is disposed of. Pending applications, if any, shall stands closed. ______________________________________ JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 09.01.2025 MH 96 HON’BLE SMT. JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.212 of 2025 Dt.09.01.2025 MH