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2025 DAILYLAW 41678 (AP)

Shaik Shahul Huck alias Shahul v. The State of Andhra Pradesh

CRLP/11313/2025 · 2025-10-30

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010583382025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY,THE THIRTY FIRST DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 11313 OF 2025 Between: 1. Shaik Shahul Huck alias Shahul, S/o SardarAged about 29 yearsResident of 21-145/1, Pedda Maseed Bazar Vinukonda, Palnadu previously Guntur District 2. Ganta Jahanger Basha alias Zahomgir, S/o Subhani, Age about 29 years Resident of 19-185/1, Satta Bazar VTC Vinukonda, Palnadu previously Guntur District 3. Kundurti Shaik Riyaz alias Riyaz, S/o Rahim, Age about 31 years Resident of 21-46, Maseed Bazar Vinukonda, Palnadu previously Guntur District 4. Shaik Jabeer Hussain alias Shaik Jabeer, S/o Mahboob Subhani, Age about 28 years Resident of 22-192, Katta Kinda Bazar Vinukonda, Palnadu previously Guntur District 5. Pathan Mohammed Hanif alias Nagini, S/o Khadhar Khan, Age about 25 years Resident of 19-520, Obaiah Colony Vinukonda, Palnadu previously Guntur District 6. Shaik Jakeer Basha alias Shaik Jakeer, S/o Kasim Peera, Age about 35 years Resident of 21-051, Old Mazid Bazar Vinukonda, Palnadu previously Guntur District 7. Kotwal Imran Khan alias Imran, S/o Babu Khan, Age about 33 years Resident of 231-137, Katta Kinda Bazar Vinukonda, Palnadu previously Guntur District 8. Patta Yasin alias Potan Masin, S/o Patta Khaja, Age about 33 years Resident of 23-300, Near Veterinary Hospital Vinukonda, Palnadu previously Guntur District 9. Patta Mohammed Irfan alias Patta Irfan, S/o Khajavali, Age about 30 years Resident of 23-300, Near Veterinary Hospital Vinukonda, Palnadu previously Guntur District 10. Shaik Ahammed Basha alias Shaik Imad, S/o Mahbbob, Age about 26 years Resident of 19-194/4, Pedda Masjid Bazar Vinukonda, Palnadu previously Guntur District 11. Shaik Naharikanti Shamshuddin alias Shaik Shamshuddin, S/o Karimulla, Age about 18 yearsResident of Gunti Anjaneya Swamy Bazar Vinukonda, Palnadu previously Guntur District. ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Public ProsecutorHigh Court of Andhra Pradesh. 2. The Station House Officer, Vinukonda Police Station Palnadu District. 3. M Satyanarayana, S/o Not Known Aged about Not Known years,Occupation Sub Inspector of Police 2623 Vinukonda Palnadu previously Guntur District ...Respondents Counsel for the Petitioners: R YELLA REDDY Counsel for the Respondents: PUBLIC PROSECUTOR The Court made the following ORDER: The instant Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973, by the Petitioner/Accused, to quash the proceedings in Crime No.218 of 2025 of Vinukonda Police Station, Palnadu District, for the offence punishable under Section 189(2), 126(2), 132, 270 read with 292 and 190 BNS. 2. Heard Sri R.Yella Reddy, learned counsel for the petitioner and Ms.K.Priyanka, 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 petitioner 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 petitioners 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; 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) 1 (2014) 8 SCC 273 BNSS 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. 7. Accordingly, the Criminal Petition is disposed of. Pending applications, if any, shall stands closed. _____________________________________________ JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 31.10.2025 Dvs HON’BLE Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.11313 of 2025 Dt.31.10.2025 Dvs