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2025 DAILYLAW 44538 (AP)

EDAMAKANTI YELLA NAGAMMA v. THE STATE OF ANDHRA PRADESH

CRLP/4721/2025 · 2025-04-28

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4721 OF 2025 Between: 1. Edamakanti Yella Nagamma, W/o Late Chinnpu Redd, aged 85 years, R/o peer saheb peta village, Midtur Mandal, Nandyal dist now residing at in 5th floor, Vinayaka Residency, Chandrasekhar Nagar, Kurnool city. 2. E. Ramakrishna Reddy, S/o Jate E.Chinnapu Reddy, aged about 56 years R/o Peerusahebpeta village, Naridikotkur Mandal, Nandyal dist. now residing at in 5th floor Vinayaka Residency, Chandrasekhar Nagar,Kurnool city. 3. R.Rajeswara Reddy, S/o late R.Sivarami Reddy, aged about 55 years R/o H.No.87/1367-5, Judicial colony, Nandikotkurroad, Near Sivalayam, Kurnool town and district. 4. R.Niranjan Reddy, S/o Late R.Sivarami Reddy, Aged about 38 years, Occ. Advocate Nandikotkur Mandal, Nandyal dist at present residing at Nandikotkur town, Saibabapetd, Near Navanadi School, Nandyal dist 5. Somu Jayarami Reddy, S/b Somu Rami Reddy, float No.305, SaiVasanth apartment, Opp Central school, Nandyal road, Kurnool city. ...PETITIONER/ACCUSED NOS.1 TO 5 AND 1. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhrapradesh at Amaravati 2. E.Rameswara Reddy, S/o late E. Chinnapu Reddy, Hindu, aged about 56 years, agriculturist, residence of Peerusahebpeta village, Nandikotkur Mandal Nandyal dist. n - - c- / ...RESPONDENT/DEFACTO COMPLAINANT Petition under Section 482 of Cr.P.C and Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal . " l^felrtion, the High Court may be pleased to quash the Proceedings in FIR No,16/2025 on the file of Midtur police station, Nandyal District. I.A. NO: 1 OF 2025 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 grant stay of all further proceedings in FIR No.16/2025 of Midtur police station, Nandyal district pending disposal of Criminal Petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri NIRANJANA REDDY R, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1 and none appeared for the Respondent No.2. The Court made the following 1 HN,J Crl.P.No.4721 2025 APHC010221812025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4721/2025 Between: ...PETITIONER/ACCUSED(S) Edamakanti Yella Nagamma and Others AND ...RESPONDENT/COMPLAINANT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner/accused(S): 1.NIRANJANA REDDY R Counsel for the Respondent/complainant{S): 1. PUBLIC PROSECUTOR 2 HN,J Crl.P.No.4721 2025 The Court made the following Order: The petitioners are arraigned as Accused Nos.1 to 5, in Crime No. 16 of 2025, on the file of Midhtur Police Station, Nandyal District, for the allege(|i offence under Sections 61 (2) and 318(4) of the BNS. Heard the learned counsel for the petitioners and the learned Assistanjt Public Prosecutor. 1. 2. 3. 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 df directing the Investigating Officer to follow the procedure prescribed under Section 35(3) of the BNSS, and the guidelines prescribed by the Apex Court iji Arnesh Kumar V. State of Bihar\ The learned Assistant Public Prosecutor stated that he has no objection tb give such a direction. 5. The Criminal Petition is disposed off by directing the Station House Officer, Midhtur Police Station, Nandyal District, to follow the procedure as contemplatejd under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”) insofar as the petitioners are concerned. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ' (2014) 8 see 273 4. Sd/- G. HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal District Judge, Kurnool, Kurnool District. 2. The Station House Officer, Midtur Police Station, Nandikotkur, Kurnool District. 3. One CC to SRI. NIRANJANA REDDY R Advocate [OPUC] 4. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh at Amaravati [OUT] 5. Three CD Copies Pmg Prir N \ HIGH COURT DATED:29/04/2025 5 31 JUL 2025 a ^ . Cunmi Mcnon ORDER CRLP.No.4721 of 2025 a DISPOSING THE CRLP