NEKKANTI SRAVAN KUMAR v. The State of Andhra Pradesh
CRLP/9659/2025 · 2025-09-14
Venkata Jyothirmai Pratapa
body2025
DailyLaw.ai
[ 2025 DAILYLAW 33004 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 33004 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
A 4* V APHC010490472025 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: 9659 OF 2025 / Between; Nekkanti Sravan Kumar, S/o. Venkateswara Rao (police wrongly shown as S/o. Srinivasa as well as the complainant/2nd respondent). Aged 31 years, Occ.Business, R/o. D. No. 27-1-174/6, Brundavanam, Sri Nagar Official Colony, Old Gajuwaka, Visakhapatnam, Andhra Pradesh - 530026. ...Petitioner/Accused AND
1. The State of Andhra Pradesh, Represented by its Public Prosecutor, High Court of Andhra Pradesh, High Court Buildings at Nelapadu, Guntur District, Andhra Pradesh. 2. Bavisetti Veerababu, S/o. Manikyam, Aged 42 years, Occ. Agriculture, R/o. Dharmavaram Village, Prathipadu Mandal, Andhra Pradesh. Kakinada District, ...Respondents Petition under Section 528 of BNSS 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 in connection with Crime No. 118/2025 dated 28.06.2025 on the file of the SHO, Prathipadu Police Station, Kakinada District and to quash the same. lA NO: 2 OF 2025 Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased to stay all further proceedings in Crime No. 118/2025 dated 28.06.2025 on the file of the SHO, Prathipadu Police Station, Kakinada District. Counsel for the Petitioner: Sri V Sai Kumar Counsel for the Respondents; Ms. K Priyanka Lakshmi, Assistant Public / Prosecutor The Court made the following order:
/ APHC010225872025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY, THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9659/2025 Between:
1.NEKKANTI SRAVAN KUMAR, S/0. VENKATESWARA RAO (POLICE WRONGLY SHOWN AS S/0. SRINIVASA AS WELL AS THE COMPLAINANT/2ND RESPONDENT). AGED 31 YEARS, OCC.BUSINESS, R/O. D.
NO. 27-1-174/6, BRUNDAVANAM, SRI NAGAR OFFICIAL COLONY, OLD GAJUWAKA, VISAKHAPATNAM, ANDHRA PRADESH - 530026. ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, HIGH COURT BUILDINGS AT NELAPADU, GUNTUR DISTRICT, ANDHRA PRADESH. 2.BAVISETTI VEERABABU, S/0. MANIKYAM, AGED 42 YEARS, OCC. AGRICULTURE, R/O. DHARMAVARAM VILLAGE, PRATHIPADU MANUAL, KAKINADA DISTRICT, ANDHRA PRADESH. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused:
1.VSAI KUMAR Counsel for the Respondent/complainant(S):
1.
PUBLIC PROSECUTOR The Court made the following:
ORDER. The instant Criminal Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by the Petitioner/Accused, to quash the proceedings against him in Crime No.118 of 2025 of Prathipadu Police Station, Kakinada District, for the offence punishable under Section 318(2) of the Bharatiya Nyaya Sanhita, 2023.
2. When the matter is taken up for hearing, Sri V.Sai Kumar,
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 Arnesh Kumar v. State of Bihar\ Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor, would submit that the offence registered against the Petitioner is punishable with imprisonment less than seven years and necessary direction may be given to the concerned Station House Officer.
4. Considering the submissions, the 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, which is pari materia to Section 41-A of the Code of Criminal Procedure, and the guidelines laid down by the Hon’ble Supreme Court in Arnesh Kumar’s case (supra). Pending applications, if any, shall stands closed. in
3. 1 (2014) 8 see 273 Sd/- KJ RAJABABU ASSISTANT REGISTRAR V ft //TRUE COPYII SEeTION OFFieER To,
1. The Station House Officer, Prathipadu Police Station, Kakinada District
2. One CC to Sri. V Sai Kumar Advocate [OPUC]
3. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh at Amaravathi [OUT]
4. Two CD Copies stu
a high court DATED:15/09/2025
ORDER CRLP NO. 9659 OF 2025 5 15 SEP 2025 I ^ . Current Section , ^ disposing of the CRIMINAL PETITION