Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 33205 (AP)

NAIDU NAGARJUNA REDDY v. The State of Andhra Pradesh

CRLP/9751/2025 · 2025-09-15

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010495562025 0fiS IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI Ft 0.^ TUESDAY, THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9751 OF Between: Naidu Nagarjuna Reddy, S/o.Chandra Reddy, aged 51 No.7-207, Oruganti Reddy Street, Vetapalem, Bapatia District, Andhra Pradesh. years. R/o.H. ...Petitioner/Aqcused 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, Vetapalem Bapatia District] 2. Avula Ashok, S/o.Nageswara Rao, aged 42 years, R/o.D.No.B-138/60, Pandipalli Village, Vetapalem Mandal, Bapatia District, Andhra Pradesh. ...Respondents praying that in the Petition, the to and in connection Police Station, Petition filed under Section 528 of BNSS circumstances stated in the Memorandum of Grounds of Criminal High Court may be pleased to call for the records relating FIR No.180 of 2025 dated 05.09.2025 on the file of the SHO, Vetapalem Police Station, Bapatia District, Andhra Pradesh and to quash the lA NO: 2 OF 2025 same. Petition filed under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Criminal Petition, the High Court may be pleased to stay of all further proceedings in FIR No.180 of 2025 dated 05.09.2025 on the file of the SHO, Vetapalem Police Station, Bapatia District, Andhra Pradesh. Counsel for the Petitioner: Sri V.Sai Kumar Counsel for the Respondent No.1: Ms. K.Priyanka Lakshmi, Assistant Public Prosecutor Counsel for the Respondent No.2:-- The Court made the following: APHC010495562025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE DRJUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION No. 9751/2025 [3396] Between: 1.NAIDU NAGARJUNA REDDY, S/0 CHANDRA REDDY, AGED 51 YEARS, R/O.H.NO.7-207, ORUGANTI REDDY STREET, VETAPALEM, BAPATIA DISTRICT, ANDHRA PRADESH ...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. SHO, VETAPALEM POLICE STATION, BAPATLA DISTRICT 2.AVULA ASHOK S/0 NAQESWARA RAO, AGED 42 YEARS, R/O.D.NO. B-138/60, PANDIPALLI VILLAGE, VETAPALEM MANDAL, BAPATLA DISTRICT, ANDHRA PRADESH. ...RESPONDENT/COMPLAINANT{S): Petition under Section 437/438/439/482 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 to call for the records relating to and in connection FIR No. 180/2025 dated 05.09.2025 on the file of the SHO, Vetapalem Police Station, Bapatia District, Andhra Pradesh and to quash the same and pass such Counsel for the Petitioner/accused: 1.VSAI KUMAR Counsel for the Respondent/complalnant(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/A. 1, to quash the proceedings against him in Crime No. 180 of 2025 of Vetapalem Police 2 Station, Bapatia District, for the offences punishable under Sections 196(1) 352, 353(2) of the Bharatiya Nyaya Sanhita, 2023, and Sections 67 and 67-A 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 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. 1 (2014) 8 see 273 Sd/- K.J.RAJA BABU ASSISTANT REGISTRAR // sc- //TRUE eOPY// SEeTION OFFieER To, 1. The Station House Officer, Vetapalem Police Station, Bapatia (Prakasam) District. 2. One CC to Sri V.Sai Kumar, Advocate [OPUC] 3. Two CCs to the Public Prosecutor, High Court of AP at Amaravati [OUT] 4. Two CD Copies BSV RAM HIGH COURT DATED:16/09/2025 ORDER CRLP NO. 9751 OF 2025 o'F andwJ^V 2" ov 16 SFP 2075 (5 0»l! . current oecuon DISPOSING OF THE CRIMINAL PETITION