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2025 DAILYLAW 32333 (AP)

Challa Gangaradhara rao v. The State of Andhra Pradesh

CRLP/9599/2025 · 2025-09-14

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010475652025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY. THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9599 OF 2025 Between: 1. Challa Gangaradhara Rao, S/o Chinna Valli Raju, R/o. D.No 3-62, Kambhampadu Village, Pedakurapadu Mandal, Guntur District. 2. Challa Pothuraju, S/o. Narasimha Rao, R/o. D.No.3-62, Kambhampadu Village, Pedakurapadu Mandal, Guntur District-522426 3. Challa Gopi, S/o, Karriyavulu, Kambhampadu Village, Pedakurapadu Mandal, Guntur District-522426 4. Challa Karravulu, S/o. Narasimha Rao Kambhampadu, Guntur District - 522426. 5. Challa Simhadri, S/o. Narasimha Rao, R/o. D.No.3-62, Kambhampadu Village, Pedakurapadu Mandal, Guntur District-522426 6. Challa Pulla Rao, S/o. Venkateswarulu, R/o. D.No.3-365, Kambhampadu Village, Pedakurapadu Mandal, Guntur District-522426 7. Arudra Mahesh, S/o. Apparao, R/o. D.No.3-64, Kambhampadu Village Pedakurapadu Mandal, Guntur District-522426 8. Arudra Gopi, S/o. Koteswararao, R/o. D.No.3-62, Kambhampadu Village, Pedakurapadu Mandal, Guntur District-522426 9. Yemarthi Srinivasarao, S/o. Venkatarao R/o. D.No.3-62, Kambhampadu Village, Pedakurapadu Mandal, Guntur District-522426 ...Petitioners t AND 1. The State of Andhra Pradesh, Rep. by its SHO, Pedakurapadu, Guntur Through its Public Prosecutor, High Court of A.P. at District, Amaravathi. 2. Yamarthi Vesu Babu, S/o. Chinna Sambayya, Aged about 30 Years, Kambhampadu Village, Pedakurapadu Mandal, Guntur District-522426 ...Respondents Petition under Section 528 of BNSS, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court FIR No. 127 of 2025 of may be pleased to call for the entire records in Pedakurapadu Police Station, Palnadu District and quash the same against to the Petitioner/Accused for the alleged offences punishable under Section 118(1) R/W 3(5) BNS. Counsel for the Petitioners: Sri Arudra Venkata Rao, Advocate Counsel for Respondent No.1: The Public Prosecutor, High Court of A.P. Counsel for Respondent No.2: - The Court made the following order: / APHC&10475652025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) S|i!0 [3396] 01?:S MONDAY, THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9599/2025 Between: 1.CHALLA GANGARADHARA RAO, S/0 CHINNA VALLI RAJU R/0 D. NO 3-62, KAMBHAMPADU, GUNTUR DISTRICT. 2.CHALLA POTHURAJU, S/0. NARASIMHA RAO KAMBHAMPADU, GUNTUR DISTRICT - 522426 3.CHALLA GOPI, S/0, KARRAVULU KAMBHAMPADU, GUNTUR DISTRICT - 522426. 4.CHALLA KARRAVULU, S/0. NARASIMHA RAO KAMBHAMPADU, GUNTUR DISTRICT - 522426. 5.CHALLA SIMHADRI, S/0. NARASIMHA RAO KAMBHAMPADU, GUNTUR DISTRICT - 522426. 6.CHALLA PULLA RAO, S/O. VENKATESWARULU KAMBHAMPADU, GUNTUR DISTRICT - 522426. 7.ARUDRA MAHESH, S/O. APPARAO KAMBHAMPADU, GUNTUR DISTRICT - 522426. 8.ARUDRA GOPI, S/O. KOTESWARARAO KAMBHAMPADU, GUNTUR DISTRICT - 522426. 9.YEMARTHI SRINIVASARAO, S/O. VENKATARAO KAMBHAMPADU, GUNTUR DISTRICT - 522426. ...PETITIONER/ACCUSED(S) AND # 2 1.THE STATE OF ANDHRA PRADESH, PERUKUDAPADU, GUNTUR DISTRICT - 522426. 2.YAMARTHI YESUBABU, S/0. CHINNA SAMBAYYA KAMBHAMPADU GUNTUR DISTRICT - 522426. THROUGH ITS SHO, \ ...RESPONDENT/COMPLAINANT(S): Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court pleased to call No. 127/2025 of Pedakurapadu Police Station, Palnadu District and quash same against to the Petitioner/Accused for the alleged offences punishable under Section 118(1) R/W 3(5) BNS and/or pass su lA NO: 1 OF 20?.^ 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 personal appearance of ^ petitioners before the Investigating Officer / Magistrate in connection with FIR No. 127 of 2025 of Pedakurapadu Police Station, Guntur District' and pass Counsel for the Petitioner/accused(S): 1. ARUDRA VENKATA RAO Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: Petition under Section 437/438/439/482 of for the entire records in FIR the 3 Court made the following; The ORDER: 528 of B.N.S.S., 2023 1973) has been filed by the Criminal Petition, under Section Code of Criminal Procedure The instant (u/s.482 of the , seeking quashment of the entire proceedings against them ,n Pedakurapadu Police Station, Palnadu District, and Ms. K.Priyanka Petitioners fir Mo.127 of 2025 Heard learned Lakshmi learned Assistant Public counsel for the petitioners ic Prosecutor representing the State 2. would submit that the petition may vide guidelines of the J 3. Learned counsel for the petitioners protection to the petitioners ’i be disposed of by giving . State of Bihar . Arnesh Kumar v Hon’ble Apex Court in Learned Assistant egistered against the petitioners years period of imprisonment and necessary , would submit that is punishable with less than direction may be given to Public Prosecutor, on instructions 4. the offence r seven concerned Station House Officer. Considering the submissions the , this criminal petition is disposed of with 5. the following; a. Investigating accordance with law. complete the investigation , in Officer is at liberty to be taken against the directed to scrupulously 35 (3) of BNSS, [41-A b. in the event of any coercive action sought to concerned police authorities are petitioners procedure prescribed under Section follow the (2014) 8 see 273 I 4 Cr.P.C.] 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 petitioners are at liberty to challenge the charge sheet, if he feels aggrieved by the same. 6. 7. Accordingly, the Criminal Petition is disposed of. Pending applications, if any, shall stands closed. Sd/- G HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// V SECTION OFFICER To, 1. The Station House Officer, Perukudapadu Police Station, Guntur District - 522426. One CC to Sri Arudra Venkata Rao, Advocate [OPUC] Two CC’s to the Public Prosecutor, High Court of A.P. [OUT] Three CD Copies 2: 3. 4. GPC sree HIGH COURT DATED: 15/09/2025 ORDER CRLP NO. 9599 OF 2025 Of yoP 2‘SEP 2025., a. W ^ Current Section ^ DISPOSING OF THIS CRIMINAL PETITION