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2025 DAILYLAW 42803 (AP)

A Manikanta v. Father of Victim

CRLP/11159/2025 · 2025-10-28

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

8 A APHC010569982025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE TWENTY NINETH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 11159 OF 2025 Between: A.Manikanta, S/o.A.Ravi, aged 24 years, OccPvt. Service, R/o.Thimmapuram Vaddipalli, H/o.Timmapuram Village, K.V.Palli Mandal, Annamayya District. ...Petitioner/Accused AND 1. Father of Victim. ...Defacto-Complainant 2. The State of Andhra Pradesh, rep by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati. ...Respondent Petition filed 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 quash the proceedings against the petitioner/ accused in Cr.No.89 of 2025 of KV Palli Police Station, Annamayya District. lA NO: 2 OF 2025 Petition filed under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Criminal Petition, the High Court be pleased to stay all further proceedings against the petitioner/accused may in Cr.No.89 of 2025 of KV Palli Police Station, Annamayya District. Counsel for the Petitioner: Sri D.Purnachandra Reddy Counsel for the Respondent No.1: -- Counsel for the Respondent No.2: Ms.K.Priyanka Lakshmi, Assistant Public Prosecutor The Court made the following: I APHC010569982025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) Wi [3396] WEDNESDAY,THE TWENTY NINETH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 11159/2025 Between: 1.A MANIKANTA, S/0. A, RAVI,AGED 24 YEARS, OCC PVT. SERVICE,R/0. THIMMAPURAM VADDIPALLI, H/O. TIMMAPURAM VILLAGE,K.V. PALLI MANDAL, ANNAMAYYA DISTRICT. ...PETITIONER/ACCUSED AND 1. FATHER OF VICTIM, FATHER OF VICTIM 2.THE STATE OF ANDHRA PRADESH, REP BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT AMARAVATI. ...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 Courtpleased to quash the proceedings against the petitioner/accused in Cr.No.89/2025 of KV Palli Police Annamayya District and pass I Station lA 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 High Court may be pleased to dispense with the filing of certified copy of the FIR in Cr.No. 89/2025 of KV Palli Police Station, Annamayya District and pass 2 lA 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 pleased to stay all further proceedings against the petitioner/accused in Cr.No.89/2025 of KV Palli Police Annamayya District and pass Counsel for the Petitioner/accused: 1.D PURNACHANDRA REDDY Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR Station 2. 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 11159/2025 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, seeking quashment of the proceedings pending against him in FIR No.89 of 2025 on the file of K.V.Palli Police Station, Annamayya District, registered for the offences punishable under Sections 126(2), 79 of BNS r/w 11 r/w 12 POSCO Act, 2012. 2. Heard Sri D.Purna Chandra Reddy, learned counsel for the Petitioner and Ms.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 petitioner vide guidelines of the Hon’ble Apex Court in Arnesh Kumar v. State of Bihar\ 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. (2014) 8 see 273 4 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) 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). 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 they feel aggrieved by the same. As a sequel thereto, miscellaneous petitions pending, if any, shall stand 6. closed. Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Station House Officer, K.V.Palli Police Station, Annamayya District. 2. One CC to Sri D.Purnachandra Reddy, Advocate [OPUC] 3. Two CC's to the Public Prosecutor, High Court of Andhra Pradesh at Amaravati [OUT] 4. Two CD Copies BSV vna HIGH COURT DATED:29/10/2025 ORDER CRLP NO. 11159 OF 2025 ^ 0 3 NOV 2025 O <o rrentSectiooXW DISPOSING OF THE CRIMINAL PETITION