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2025 DAILYLAW 32462 (AP)

Didla Ranjith Kumar v. The State of Andhra Pradesh

CRLP/9582/2025 · 2025-09-15

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

h APHC010479612025 4 IN THE HIGH COURT OF ANDHRA PRADESH / AT AMARAVATI <(i / ^ 21 .ff V* .4 TUESDAY, THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9582 OF 2025 Between: Didia Ranjith Kumar, S/o D.Vijay Kumar, Aged about 28 Years, Occ: Business, R/o H.No. 3-54, Patha harijanapet, Yenuguvanilanka, Narsapur, Yelamanchili, West Godavari, A.P ...Petitioner/ Sole Accused AND 1. The State of Andhra Pradesh, Repby Sub-lnspectorofPolice, Chirala II Town Police Station, Bapatia District Rep by Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. 2. Saragadam Appalanaidu, S/o Late Venkata Sambasiva Rao, Aged about 62 Years, Occ Business, R/o H,No. 1-139, old Pendurthy, Visakhapatnam Commissionerate, A.P. ...Respondents / Defacto Complainant Petition under Section 482 of Cr.P.C and 528 of BNSS, is filed praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to call for the records relating to and connected with F.I.R No. 380 of 2025 dated 21.08.2025 on the file of Pendurthy Police Station, Visakhapatnam Commissionerate and quash the same against the petitioner/Accused, 0! lA NO: 2 OF 2025 Petition under Section 482 of Cr.P.C and 528 of BNSS, the High Court may be pleased to stay all further proceedings in F.I.R No. 380 of 2025 dated 21.08.2025 on the file of Pendurthy Police Station, Visakhapatnam Commissionerate including arrest and investigation against the petitioner, pending disposal of the main Criminal Petition. r Counsel for the Petitioner : Sri Phani Kiran.M Counsel for the Respondent No.1 : Ms K.Priyanka Lakshmi, Assistant Public Prosecutor The Court made the following: APHC010479612025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) [3396] r-i TUESDAY,THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9582/2025 Between: I.DIDLA RANJITH KUMAR, S/0 D.VIJAY KUMAR, AGED ABOUT 28 YEARS, OCC BUSINESS, R/0 H.NO. 3-54,PATHA HARIJANAPET, YENUGUVANILANKA, NARSAPUR, YELAMANCHILI WEST GODAVARI, A.P ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, REPBY SUB- LNSPECTOROFPOLICE, CHIRALA II TOWN POLICE STATION, BAPATLA DISTRICT REP BY PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI. 2.SARAGADAM APPALANAIDU, S/0 LATE VENKATA SAMBASIVA RAO, AGED ABOUT 62 YEARS, OCC BUSINESS, R/0 H,NO. 1-139, OLD PENDURTHY, VISAKHAPATNAM COMMISSIONERATE,A.P. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1.PHANI KIRAN.M Counsel for the Respondent/complainant(S): 1. 2 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9582/2025 ORDER: The instant criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C)/under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the Petitioner/Accused, seeking quashment of the proceedings pending against him in FIR No.380 of 2025 on the file of Pendurthy Police Station, Visakhapatnam Commissionerate, registered for the offences punishable under Sections 318 (4) of BNS Heard Sri Phani Kiran.M, learned counsel for the Petitioner and 2. Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. Learned counsel for the petitioner would submit that the petition may be disposed of by giving protection to the petitioner vide guidelines of the i Hon’ble Apex Court in Arnesh Kumar v. State of Bihar\ 3 Learned Assistant Public Prosecutor, on instructions, would submit that the offences registered against the petitioner are punishable with less than seven years period of imprisonment and necessary direction may be given to the concerned Station House Officer. 4, (2014) 8 see 273 \ 3 Considering the submissions, this Criminal petition is disposed of with '* 5. 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., [Section 41-A 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 petitioner is at liberty to challenge the charge sheet, if he feels aggrieved by the same. As a sequel thereto, miscellaneous petitions pending, if any, shall stand 6. closed. SD/- B. CHITTI JOSEPH ASSISTANT REGISTRAR //TRUE COPY// SECTIO^FFICER To, 1. The Station House Officer, Pendurthy Police Station,Visakhapatnam Commissionerate 2. One CC to Sri Phani Kiran. M, Advocate [OPUC] 3. Two GO’S to the Public Prosecutor of High Court of Andhra Pradesh [OUT] 4. Three CD Copies MV AL • si / HIGH COURT DATED; 16/09/2025 ^OFANDS^ ORDER CRLP NO. 9582 OF 2025 It 2 5 SEP 2025 cs, m* DISPOSING OF THE CRIMINAL PETITION