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2025 DAILYLAW 43751 (AP)

B. CHINNA VENKATAPPA NAIDU v. THE STATE OF ANDHRA PRADESH

CRLP/4576/2025 · 2025-04-27

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

^ IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI MONDAY, THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE at •O PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No: 4576 OF 2025 Between: 1. B. Chinna Venkatappa Naidu, S/o late B. Rangappa Naidu Aged 65 years R/o Pulikonda Village, Pathikonda Mandal, Kurnool District 2. B. Rangaswamy Naidu, S/o Pedda Ramappa Aged 52 years R/o Pulikonda Village, Pathikonda Mandal, Kurnool District 3. Narla Thippaiah, S/o N. Govind Aged 50 years R/o Pulikonda Village, Pathikonda Mandal, Kurnool District 4. P. Varadarajulu, S/o P. Narayanappa Aged 55 years R/o Pulikonda Village, Pathikonda Mandal, Kurnool District 5. G. Narasimhulu, S/o Chennaiah Aged 57 years R/o Pulikonda Village, Pathikonda Mandal, Kurnool District ...Petitioners/Accused No.1 to 5 X AND 1. The State of Andhra Pradesh, rep. by its Public Prosecutor, through Inspector of Pathikonda PS, High Court Buildings, through Pathikonda P.S., KOrnool District. ...Respondent 2. P. Obulu Raju, S/o Late P. Ranga Swamy, aged about 42 years, R/o. Pulikonda Village, Pathikonda Mandal Kurnool District. ...Respondent/Complainant Petition under Section 528 of BNSS (482 of Cr.P.C ) praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may pleased to quash all proceedings against the petitioners in Cr. No. 62 of 2025 on the file of Pathikonda Police Station for ^off^pes- U/s • - \.k 420 r/w 34 IPC dated 10- 03-2025. 2 OF 2025 ' I : I- petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all further proceedings in Cr. No. 62 of 2025 on the file of Pathikonda Police Station for offences U/s 420 r/w 34 IPC. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Smt J.Jyothi, Advocate for the Petitioners and the Assistant Public Prosecutor on behalf of the Respondent No.1 The Court made the following; ORDER I X APHC010207652025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY, THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT the honourable SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4576/2025 Between: B. Chinna Venkatappa Naidu and Others AND ...PETITIONER/ACCUSED(S) estate Of Andhra Pradesh and Others Counsel for the Petitloner/accused(S): ...RESPQNDENT/CO!V!PLA!NANT(S) ! I I 1.J.JYOTHI Counsel for the Respondent/complainant{S): 1.PUBLIC PROSECUTOR X V The Court made the following Order: The petitioners are arraigned as accused Nos.1 to 5 in Crime No.62 of 2025, on the file of Pathikonda Police Station, Kurnool district, for alleged offences under Section 420 read with 34 of IPC. Heard the learned counsel for the petitioners and the learned 2. *0 Assistant Public Prosecutor. f Though the learned counsel for the petitioners filed this petition seeking the quashing of the FIR, they have, however, restricted the relief to the extent of directing the Investigating Officer to follow the procedure prescribed under Section 35(3) of the BNSS, and the guidelines prescribed by the Apex Court in Arnesh Kumar v. State of Bihar\ 3. 4. The learned Assistant Public Prosecutor stated that he has objection to give such a direction. no 5. The criminal petition is disposed of by directing the Station House Officer, Pathikonda Police Station, Kurnool district, to follow the procedure contemplated under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita 2023 (for short, “BNSS”) in so far as the petitioners are concerned. as As a sequel, pending miscellaneous petitions, if any, shall stand closed. T(2014) 8 see 273 Sd/- A. VENUGOPALA RAO ASSISTANT REGISTRAR \ //TRUE eOPY// 0^^ USEGTION OFFieER To, 1. The Station House Officer, Pathikonda P.S., Kurnool District. 2. OneCCto Smt J.Jyothi, Advocate [OPUC] 3. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh at Amaravathi [OUT] 4, Three CD Copies. stu HIGH COURT DATED:28/04/2025 \ ORDER CRLP.No.4576 of 2025 X DISPOSING OF THE CRIMINAL PETITION