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2025 DAILYLAW 41040 (AP)

Chillapalli Nagaraju, v. The State of Andhra Pradesh

CRLP/11236/2025 · 2025-10-28

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010580002025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI f-t WEDNESDAY, THE TWENTY NINETH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT CRIMINAL PETITION NO: 11236 OF 2025 *' Between: Chillapalli Nagaraju, S/o. Venkateswara Rao, aged 35 years, R/o. Door No. 5- 480/A, Ganapathi Nagar, Atmakur Village, Mangatagiri Mandal District, Andhra Pradesh. Guntur ...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. Jonnadula Srinivasa Rao, , S/o. Sambasiva Rao, aged 44 years, R/o. 2nd Line, Balaji Nagar, Mangalagiri Town and Mandal, Guntur District, Andhra Pradesh. ...Respondents Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtmay be pleased to call for the records relating to and in connection with Crime No. dated 26.10.2025 on the file of the SHO, Mangalagiri Police Station, Guntur District and quash the same. lA NO: 1 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 dispense with filing of the original certified copy of Crime 291/2025 No. 291/2025 dated 26.10.2025 on the file of the SHO, Mangalagiri Police Station, Guntur District. 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 of all further proceedings in Crime No. 291/2025 dated 26.10.2025 on the file of the SHO, Mangalagiri Police Station, Guntur District. Counsel for the Petitioner: SRI CHETAN PONNURU Counsel for the Respondents: PUBLIC PROSECUTOR The Court made the following order: 1 APHC010580&02025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MM WEDNESDAY, THE TWENTY NINETH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 11236 OF 2025 Between: 1. Chillapalli Nagaraju,, S/o. Venkateswara Rao, aged 35 years, R/o. Door No. 5-480/A, Ganapathi Nagar, Atmakur Village, Mangalagiri Mandal, Guntur District, Andhra Pradesh. ...Petitioner 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. Jonnadula Srinivasa Rao, , S/o. Sambasiva Rao, aged 44 years, R/o. 2nd Line, Balaji Nagar, Mangalagiri Town and Mandal, Guntur 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 call for the records relating to and in connection with Crime No. 291/2025 dated 26.10.2025 on the file of the SHO, Mangalagiri Police Station, Guntur District and to quash the same and pass m jA NO: 1 OF 7C)7f^ Pstition under Section 482 of Cr.P.C and 528 of BNSS praying that in the m of Grounds of Criminal Petition to dispense with filing of the original circumstances stated in the Memorandu High Court may be pleased pleased the certified copy of Crime No. 291/2025 Mangalagiri Police Station, Guntur District dated 26.10.2025 on the file of the SHO, before this Hon’ble Court and pass jA NO: 2 OF 20?.^^ Petition under Section 482 of Cr.P circumstances stated in C and 528 of BNSS praying that in the of Criminal Petition,the the Memorandum of Grounds High Court may be pleased pleased No. 291/2025 dated 26.10.2025 to stay of all further on the file of the SHO, Mangalagiri Police proceedings in Crime Station, Guntur District and pass Counsel for the Petitioner: CHETAN PONNURU Counsel for the Respondents; The Court made the following PUBLIC PROSECUTOR order: 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 11236 OF 2025 ORDER: The instant Crinninal 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 Petitioner/Accused, seeking quashment of the entire proceedings against him in FIR No.291 of 2025 dated 26.10.2025, Mangalagiri Police Station, Guntur District. Heard Sri Chetan Ponnuru, learned counsel for the petitioner and 2. Ms. K.Priyanka Lakshmi learned Assistant Public Prosecutor representing the State. Learned counsel for the petitioner would submit that the petition may be 3. disposed of by giving protection to the petitioner vide guidelines of the Hon’ble Apex Court in Arnesh Kumar v. State of Bihar\ Learned Assistant Public Prosecutor, on instructions, would submit that 4. the offence registered against the petitioner is punishable with less than seven years period of imprisonment and necessary direction may be given to the concerned Station House Officer. Considering the submissions, this criminal petition is disposed of with 5. the following; a. Investigating Officer is at liberty to complete the investigation, in accordance with law. (2014) 8 see 273 ■n 4 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, [41-A Cr.P.C.] and the guidelines laid down by the Hon’ble Supreme Court in Arnesh Kumar’s case (supra). It goes without saying that, if any charge sheet is filed in the above crime, the petitioner is at liberty to challenge the charge sheet, if he feels aggrieved by the same. Accordingly, the Criminal Petition is disposed of. Pending applications, if any, shall stands closed. 6. 7. Sd/- K J RAJA BABU assistant registrar //TRUE COPY// V SECTION OFFICER To, 1. The Station House Officer, Mangalagiri Police Station 2. One CC to Sri. Chetan Ponnuru Advocate 3. Two CCs to the Public Prosecutor, Amaravati [OUT] 4. Three CD Copies Guntur District. [OPUC] High Court of Andhra Pradesh, PRK m HIGH COURT DATED:29/10/2025 ORDER CRLP NO. 11236 OF 2025 # 3 0 OCT 2025 JS] disposing the CRLP