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2025 DAILYLAW 33218 (AP)

KARNA MALLIKARJUNA REDDY v. The State of Andhra Pradesh

CRLP/9785/2025 · 2025-09-17

Venkata Jyothirmai Pratapa

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010496402025 IN THE HIGH COURT OF ANDHRA PRADESH THURSDAY,THE EIGHTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9785 OF 2025 Between: 1. KARNA MALLIKARJUNA REDDY, S/o.Rami Reddy, aged 58 years R/o.Veldanda Village Lingala Mandal, YSR Kadapa District Andhra Pradesh 2. Yerramaddi Bhavani Reddy, S/o.Sreenivasulu Reddy Aged 33 years, R/o.Veldanda Village Lingala Mandal, YSR Kad 1. The State of Andhra Pradesh, Rep. by Public Prosecutor, High Court at Amaravathi Andhra Pradesh. 2. Nossam Lakshmi Narayana Reddy, S/o.Aswantha Reddy, aged 37 years R/o.Shaikpalle Village, Ananthapur Di 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 Courtpleased to quash the FIR No.55/2025 on the file of the Station House Officer Peddapappur Village, Annamayya District, Andhra Pradesh and pass IA NO: 1 OF 2025 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY,THE EIGHTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9785 OF 2025 1. KARNA MALLIKARJUNA REDDY, S/o.Rami Reddy, aged 58 years R/o.Veldanda Village Lingala Mandal, YSR Kadapa District Andhra Pradesh 2. Yerramaddi Bhavani Reddy, S/o.Sreenivasulu Reddy Aged 33 years, R/o.Veldanda Village Lingala Mandal, YSR Kadapa District Andhra Pradesh ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by Public Prosecutor, High Court at Amaravathi Andhra Pradesh. 2. Nossam Lakshmi Narayana Reddy, S/o.Aswantha Reddy, aged 37 years R/o.Shaikpalle Village, Ananthapur District Andhra Pradesh ...Respondents 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 Courtpleased to quash the FIR No.55/2025 on the ile of the Station House Officer Peddapappur Village, Annamayya District, IN THE HIGH COURT OF ANDHRA PRADESH THURSDAY,THE EIGHTEENTH DAY OF SEPTEMBER THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. KARNA MALLIKARJUNA REDDY, S/o.Rami Reddy, aged 58 years R/o.Veldanda Village Lingala Mandal, YSR Kadapa District Andhra Pradesh 2. Yerramaddi Bhavani Reddy, S/o.Sreenivasulu Reddy Aged 33 years, apa District Andhra Pradesh ...Petitioners 1. The State of Andhra Pradesh, Rep. by Public Prosecutor, High Court at 2. Nossam Lakshmi Narayana Reddy, S/o.Aswantha Reddy, aged 37 years ...Respondents 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 Courtpleased to quash the FIR No.55/2025 on the ile of the Station House Officer Peddapappur Village, Annamayya District, 2 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 filing of certified copy of the FIR No.55/2025 on the file of the Station House Officer Peddapappur Village, Ananthapur District, Andhra Pradesh pending disposal of the main criminal petition and may pass IA NO: 2 OF 2025 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 grant stay of all further proceedings IN FIR No.55/2025 on the file of the Station House Officer Peddapappur Village, Aananthapur District, Andhra Pradesh pending disposal of the main criminal petition and may pass Counsel for the Petitioners: D KODANDARAMI REDDY Counsel for the Respondents: PUBLIC PROSECUTOR The Court made the following order: 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9785 OF 2025 ORDER: The instant Criminal Petition, under Section 528 of B.N.S.S., 2023 (u/s.482 of the Code of Criminal Procedure, 1973) has been filed by the Petitioners/Accused Nos.1 and 2, seeking quashment of the entire proceedings against them in FIR No.55/2025 on the file of the Station House Officer Peddapappur Village, Annamayya District. 2. Heard Sri D.Kodandarami Reddy, learned counsel for the petitioners and Ms. K.Priyanka Lakshmi learned Assistant Public Prosecutor representing the State. 3. Learned counsel for the petitioner would submit that the petition may be disposed of by giving protection to the petitioners vide guidelines of the Hon’ble Apex Court in Arnesh Kumar v. State of Bihar1. 4. Learned Assistant Public Prosecutor, on instructions, would submit that the offence registered against the petitioners is punishable with less than seven years period of imprisonment and necessary direction may be given to the concerned Station House Officer. 5. 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. 1 (2014) 8 SCC 273 4 b. In the event of any coercive action sought to be taken against the petitioners, concerned police authorities are directed to scrupulously follow the procedure prescribed under Section 35 (3) of BNSS, [41-A Cr.P.C.] and the guidelines laid down by the Hon’ble Supreme Court in Arnesh Kumar’s case (supra). 6. 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. 7. Accordingly, the Criminal Petition is disposed of. Pending applications, if any, shall stands closed. ______________________________________ Dr.VENKATA JYOTHIRMAI PRATAPA,J Date: 18.09.2025 KKV 5 HON’BLE Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.9785 of 2025 Dt.18.09.2025 KKV