Pagidi Atma Rao alias Athma Ramulu v. THE STATE OF ANDHRA PRADESH
CRLP/8503/2025 · 2025-08-13
Venkata Jyothirmai Pratapa
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 29579 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 29579 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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APHC010423432025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [0] THURSDAY,THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 8503/2025 Between:
1. PAGIDI ATMA RAO ALIAS ATHMA RAMULU, S/O YOGAIAH, AGED ABOUT 45 YEARS, R/O BOYALAPALLE VILLAGE, YERRAGONDAPALEM MANDAL, PRAKASAM DISTRICT.
...PETITIONER/ACCUSED AND
1. THE STATE OF ANDHRA PRADESH, STATION HOUSE OFFICER, YERRAGONDAPALEM P.S., PRAKASAM DISTRICT THROUGH PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT AMARAVATI.
2. PALADUGU VENKATA KOTAIAH, S/O VENKATESWARLU, AGED ABOUT 42 YEARS, R/O BOYALAPALLE VILLAGE, YERRAGONDAPALEM MANDAL, PRAKASAM 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 Courtpleased to quash the FIR No. 84 of 2025 of Yerragondapalem Police
Station dated 21-06-2025 against the petitioner/Accused 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 pleased to dispense with the filing of the certified
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copy of FIR in Cr.No. 84 of 2025 of Yerragondapalem Police Station, dated 21-06-2025 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 pleased to stay all further proceedings including the arrest of the Petitioner/Accused in FIR No. 84 of 2025 of Yerragondapalem Police Station dated 21-06-2025 Counsel for the Petitioner/accused:
1. VENKATA DURGA RAO ANANTHA Counsel for the Respondent/complainant(S):
1. PUBLIC PROSECUTOR
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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 Petitioner/Accused, seeking quashment of the entire proceedings against him in Crime No.84 of 2025, Yerragondapalem Police Station, Prakasam District.
2. Heard 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 Bihar1.
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 follow the procedure prescribed under Section 35 (3) of BNSS, [41-A
1 (2014) 8 SCC 273
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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. Accordingly, the Criminal Petition is disposed of.
Pending applications, if any, shall stands closed.
______________________________________ Dr.VENKATA JYOTHIRMAI PRATAPA,J Date: 14.08.2025 MH
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03 HON’BLE Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA
Crl.P.No.8503 of 2025
Dt.14.08.2025
MH