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2025 DAILYLAW 2979 (AP)

BODHANAPU ADITYA SIVA RAM v. THE STATE OF ANDHRA PRADESH

CRLP/271/2025 · 2025-03-06

Harinath N

body2025

Judgment text

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APHC010009152025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY, THE SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 271/2025 Between: Bodhanapu Aditya Siva Ram and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused(S): 1. K V ADITYA CHOWDARY Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following Order: The learned counsel appearing for the petitioners submits that the 2nd respondent has filed a false complaint implicating the petitioners. It is contended that the 1st petitioner, who is a student, and his sister, who is also a student, have been arraigned as Accused Nos. 4 and 5 in a family dispute between the parents of the petitioners and the 2nd respondent. On the strength of the complaint, the Kalla Police Station, West Godavari District, has 2 registered Crime No. 279 of 2024 for the alleged offences under Sections 329(4), 118(1), 115(2), and 351(3) read with Section 3(5) of the BNS. 2. It is submitted that the petitioners are students and have absolutely no role in the commission of the alleged offence. It is further submitted that the petitioners were in college when the alleged incident took place. 3. The learned Assistant Public Prosecutor submits that, during the investigation, the police found no role of the 2nd respondent in the alleged offence. As such, a memo was filed before the 1st Additional Junior Civil Judge-cum-Judicial Magistrate of First Class, Bhimavaram, seeking permission to delete the 2nd respondent from the array of accused. It is further submitted by the learned Assistant Public Prosecutor that the investigation is still pending. 4. Considering the same, the Investigating Officer of Kalla Police Station, West Godavari District, shall follow the procedure as contemplated under the provisions of Section 35(3) of the BNSS, 2023, for the purpose of investigation in Crime No. 279 of 2024. 5. With these observations, this Criminal Petition is disposed off. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ____________________ JUSTICE HARINATH.N 06.03.2025 PNS 3