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2025 DAILYLAW 41969 (AP)

Kattimani Karthikeya Rao v. The State of Andhra Pradesh

CRLP/11563/2025 · 2025-11-18

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010594602025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY, THE NINETEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION No: 11563/2025 Between: KATTIMANI KARTHIKEYA RAO, S/O. KATTIMANI JAGANNATHA RAO, R/O, FLAT NO.102, SUN CITY APARTMENT,BAKKANNAPALEM ROAD, MADHURAWADAVISHAKHAPATNAM, ANDHRA PRADESH. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PUBLIC PROSECUTOR, A.P HIGH COURT BUILDING,AMARAVATHI. 2. LENKA APPALA NAIDU, S/O SATYAM, AGED ABOUT 41 YEARS,R/O, D/NO.24-14-8, VISAKHAPATNAM,VISAKHAPATNAM COMMISSIONERATE,ANDHRA PRADESH. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/Accused: 1. T M K CHAITANYA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: ORDER: The instant Criminal Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by the Petitioner / Accused No.1, to quash the proceedings against him in F.I.R.No.33 of 2025 of Cyber Crime Police Station, Visakhapatnam Commissionerate, for the offences under Sections 111(2), 319(2), 318(4) read with 61(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 66-C and 66-D of Information Technology Act 2000-2008. 2 2. When the matter is taken up for hearing, Sri T.M.K.Chaitanya, 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. 3. Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor, would submit that the offence under Section 111(2) of BNS is altered to Section 112(1) of BNS and that the offences registered against the Petitioner are punishable with seven years period of imprisonment and necessary direction may be given to the concerned Station House Officer. 4. Considering the submissions, the 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 / Accused No.1, concerned police authorities are directed to scrupulously follow the guidelines laid down by the Hon’ble Supreme Court in Arnesh Kumar’s case referred to (supra). Pending applications, if any, shall stands closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:19.11.2025 Dinesh 1 (2014) 8 SCC 273 3 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.11563 of 2025 Dt.19.11.2025 Dinesh