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2025 DAILYLAW 33160 (AP)

NAIDU NAGARJUNA REDDY v. The State of Andhra Pradesh

CRLP/9752/2025 · 2025-09-15

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010495572025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY,THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9752 OF 2025 Between: Naidu Nagarjuna Reddy, S/o Chandra Reddy, Aged 51 Years, R/o. Vetapalem, Bapatia District, Andhra Pradesh. ...Petitioner/Accused No.1 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. (SHO, Chirala-I Town Police Station, Bapatia District) 2. Deta Premakumari, W/o. China Bhushanam Harishpeta, Chirala Manal, Bapatia District, Andhra Pradesh. aged 42 years, R/o. ...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 FIR No. 171/2025 dated 05.09.2025 on the file of the SHO, Chirala-I Town Police Station, Bapatia District, Andhra Pradesh and to quash the same J lA NO: 2 OF 2025 Petition under Section 528 of BNSS praying that in the circumstances fi^ili^stated in the Memorandum of Grounds of Criminal Petition, the High Court f be pleased to stay of ail further proceedings FIR No. 171/2025 dated 05.09.2025 on the file of the SHO, Chirala-I Town Police Station, Bapatia District, Andhra Pradesh. ■; % ■4 Counsel for the Petitioner: SRI V SAI KUMAR Counsel for the Respondents: PUBLIC PROSECUTOR The Court made the following order: % APHC010495572025 IN THE HIGH COURT OF ANDHRA AT AMARAVATI (Special Original Jurisdiction) SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY PRESENT VENKATA JYOTHIRMAI PRATAPA CRIMINAL PFTiTinM 07*i?rn?- Si'0 PRADESH 0 [3396] FIVE the honourable dr justice Between: 1.NAIDU NAGARJUNA YEARS. PRADESH. R/n\/PTAnA^,^^^^’ S/O.CHANDRA R/OVETAPALEM, bapatla REDDY, AGED 51 district ANDHRA AND -petitioner/accused PUBLIC PROSECUTOR^^hIGh'oDurt ^^'^^^^^^TED BY ITS HIGH COURT BUILDINPc; ANDHRA PRADESH that ,n the crcumstances stated in the Memorandum of Grounds Petition, the High Court may be pleased to call for the of Criminal records relating to and 05.09.2025 on the file of the SHO, Bapatia District, Andhra Pradesh in connection FIR No. 171/2025 dated Chirala-I Town Police Station and to quash the same 'Tp'u“5c'S5?ECUTOr°"'’'*''”"®f I 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/A. 1, to quash the proceedings against him in Crime No. 171 of 2025 of I Town Police Station, Chirala, Bapatia District, for the offences punishable under Sections 196(1) and 353(2) of the Bharatiya Nyaya Sanhita, 2023, and Section 67 of IT Act- 2000-2008. 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 in Arnesh Kumar v. State of Bihar\ Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor, would submit that the offences registered against the Petitioner are punishable with imprisonment of less than seven years and necessary direction may be given to the concerned Station House Officer. 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, which (2014) 8 see 273 3 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. 'X Sd/- M. PRABHAKAR RAO ASSISTANT REGISTRAR j //TRUE COPY// r SECTION OFFICER To, 1. The Station House Officer, Chirala-I Town Police Station, Bapatia District, 2. One CC to Sri. V Sai Kumar Advocate [OPUC] 3. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh, Amaravati [OUT] 4. Two CD Copies RAM HIGH COURT DATED: 16/09/2025 ORDER CRLP NO. 9752 OF 2025 I 1« SFf 2075 a ^ . Current ^eciion . ^ disposing the CRLP