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2025 DAILYLAW 41592 (AP)

Bathula Reddy Lokesh v. The State of Andhra Pradesh

CRLP/11282/2025 · 2025-10-30

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010581012025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY,THE THIRTY FIRST DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 11282/2025 Between: 1. BATHULA REDDY LOKESH, S/O. B. REDDAPPA,AGED ABOUT 30 YEARS, OCC. PRIVATE EMPLOYEE,R/O. DOOR NO. 11-69, ARUNODAYA NAGAR,TIRUPATI URBAN, CHITTOOR DISTRICT. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, THROUGH SHO, NANDIGAMA P.S., NTR DISTRICTREP. BY ITS PUBLIC PROSECUTOR,HIGH COURT OF A.P. AT AMARAVATHI. 2. BATHULA LAVANYA, W/O. REDDY LOKESH, AGED ABOUT 27 YEARS,R/O. RAITHUPETA, NANDIGAMA TOWN AND MANDAL,NTR COMMISSIONARATE, NTR DISTRICT. ...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 pleased to quash the proceedings against the Petitioner/Accused No.1 in Cr. No.488 of 2025 on the file of Nandigama P.S., NTR District for the alleged offence under sec.85, 118 (1) BNS and Sec 3 and 4 of Dowry Prohibition Act and pass IA NO: 1 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 2 High Court may be pleased to dispense with the filing of the certified copy in Cr. No.488 of 2025 on the file of Nandigama P.S., NTR District and 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 to stay of all further proceedings including the appearance of the Petitioner/Accused No.l in Cr. No.488 of 2025 on the file of Nandigama P.S., NTR District for the alleged offence under sec.85, 118 (1) BNS and Sec 3 and -4 of Dowry Prohibition Act, till disposal of the Quash Petition in the interest of the justice and pass Counsel for the Petitioner/accused: 1. GALLA SUDARSANA RAO Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 11282/2025 ORDER: The instant criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C)/under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the petitioner/accused No.1, seeking quashment of the proceedings pending against him Cr.No.488 of 2025 on the file of Nandigama P.S., NTR District for the alleged offence under Sec.85, 118 (1) BNS and Sec. 3 and 4 of Dowry Prohibition Act. 2. Heard Sri G.Sudarsana Rao, learned counsel for the petitioner and Mrs.K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of 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 offences registered against the petitioner are 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; 1 (2014) 8 SCC 273 4 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., [Section 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 petitioner is at liberty to challenge the charge sheet, if he feels aggrieved by the same. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 31.10.2025. UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 11282/2025 Dated.31.10.2025 UPS 41