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2025 DAILYLAW 34926 (AP)

Bora Ramanandh v. The State of Andhra Pradesh

CRLP/8925/2024 · 2025-05-08

Harinath N

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH FRIDAY, THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT the honourable SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 892/^ QF 2024 AT AMARAVATI o IK m ^IH Between: RrDooTNT3-75 PatiMedar' , ti Meda Gavaravaram, Chodavaram Mandal, Anakapalli. ...PETITIONER(S) AND 1. The State of Andhra Pradesh, of A.P. Amaravati rep. by its Public Prosecutor, High Court ...RESPONDENTS Petition under Section 528 of BNSS and Section 482 of Cr.P.C in the Memorandum of Grounds of praying that in the circumstances stated i Criminal Petition, the High Court may be pleased to grant the PCC (police petitioner for the public employment, hence under Agniveer scheme (General duty) in the interests of Justice be pleased clearance certificate) for the the petitioner was selected and it is to quash the on the file of Station House Office prayed that this Court i proceedings in Crime.No. 100 of 2022 Chodavaram Rural Police Station. LA. NO: 2 QF 9{)9a Petition under Section circumstances stated in the Memorandum of Grounds the High Court 482 of Cr.P.C praying that in the of Criminal Petition may be pleased to grant stay all further proceedings including arrest of Petitioners in Crime No.100 of 2022 on the file of Station House Officer, Chodavaram Rural Police Station. . ^ A This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Thokala Devendra, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1 and none appeared for the Respondent No.2. l The Court made the following: % APHC010547882024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE [3457] PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 8925/2024 Between: Bora Ramanandh ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused: 1.THOKALA DEVENDRA Counsel for the Respondent/complainant(S): 1.PUBLIC PROSECUTOR The Court made the following Order: This Criminal Petition, under Section 482 of Cr.P.C. has been filed on behalf of the petitioner herein/A2, to quash the proceedings in Crime No.100 of 2022 on the file of the Station House Officer, Chodavaram Rural Police Station, Visakhapatnam Rural District. 2 t 2. Heard learned counsel for the petitioner herein and learned Assistant Public Prosecutor representing the State. 3. Learned counsel for the petitioner submitted petitioner was implicated in a false as Accused No.2 in Crime on the file of the Station House Officer, Chodavaram Rural Police Station, Visakhapatnam Rural District for that the No.100 of 2022 the offences punishable under Sections 509, 506 and 427 read with 34 IPC. It is submitted that the petitioner was a minor as on the date of alleged incident i.e. on 29.03.2022 and he was aged about 17 years on the date of registration of complaint, it is submitted the petitioner is now selected as Agniveer. A copy of petitioner’s SSC certificate was filed in proof of his age in which the petitioner’s date of birth is shown as 13.06.2005. In view of the fact that the petitioner is a minor, the police ought not have aforesaid crime against the petitioner herein and hence registered the sought for quashment of the impugned crime. 4. Learned Assistant Public Prosecutor submitted that the Court may pass appropriate orders. 5. Considering the facts and circumstances submitted learned counsel for the petitioners, all the proceedings in Crime No.100 of 2022 by on the file of the Station House Officer, 3 Chodavaram Rural Police Station, Visakhapatnam Rural District insofar as the petitioner herein/A2 alone is concerned is hereby quashed. Accordingly, the Criminal Petition is allowed. 6. Interlocutory applications, if any, pending shall stand closed. Sd/- G. HELA NAIDU . ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Station House Officer, Chodavaram Police Station, Visakhapatna Rural. 2. One CC to Sri Thokala Devendra, Advocate [OPUC] 3. Two CCs to The Public Prosecutor, High Court of Andhra Pradesh [OUT] 4. Three CD Copies m Pmg TF HIGH COURT DATED:09/05/2025 ORDER I 0«AUG2n:>5 I ^ . Current Secuon . ^ CRLP.No.8925 of 2024 ALLOWING THE CRLP