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2025 DAILYLAW 44763 (AP)

K. LAVANYA v. THE STATE OF ANDHRA PRADESH

CRLP/4607/2025 · 2025-04-28

Harinath N

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI TUESDAY, THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4607 OF 2025 BETWEEN: 1. K. Lavanya, W/o. Y. Sai Praveen Kumar, Aged about 29 Years, Occ. Medical Administration, R/o. 15-9-12-116, Maruthi Nagar, Nandi Kotkur, Rudravaram, Kurnool, Andhra Pradesh. ...PETITIONER/ACCUSED N0.1 2. Sri. Y S Praveen, S/o. Y. Kondaiah Aged about 32 Years, Occ. Doctor R/o. Plot No. 3, Srihari Gardens, Near Venkaipalli Yellamma Temple Military Colony, Nothanapalle, Rudravaram, Kurnool, Andhra Pradesh ...PETITIONER/ACCUSED N0.2 AND 1. The State of Andhra Pradesh, Represented by Public Prosecutor, High Court of A.P., Amaravathi. 2. Mala Muni Swamy, S/o. Mala Ramudu, Aged 31, Occ: Medical Student, 4-84, B. Military colony, Kurnool, Andhra Pradesh. ...RESPONDENT/DEFACTO COMPLAINANTS Petition under Section 528 of B.N.S.S. as per old (under Section 482 of Cr.P.C) praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court pleased to Quash the FIR vide. No.62 of 2025, dated 13.02.2025 of the Kurnool Taluk Police Station. 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 dispense with the filing of the certified copy of the FIR vide No.62 of 2025, dated 13.02.2025 of the Kurnool Taluk Police Station for the purpose of the present Criminal Petition. I.A. NO: 2 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 vide. No. 62 of 2025, dated 13.02.2025 of the Kurnool Taluk Police Station against the Petitioners pending disposal of the Criminal Petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri ANKAM RAVINDRA, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1 . The Court made the following: CRLP. No.4607 of 2025 APHC010217772025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY JHE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4607/2025 Between: ...PETITIONER/ACCUSED(S) K. Lavanya and Others AND ...RESPONDENT/COMPLAINANT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner/accused(S): 1.ANKAM RAVINDRA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: CRLP. No.4607 of 2025 W THE HON’BLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.4607 OF 2025 ORDER: 1. Heard the submissions of the learned counsel for the petitioners and the learned Assistant Public Prosecutor appearing for the State. 2. The petitioners were arraigned as A.1 and A.2 in Crime No.62 of 2025 of Kurnool Taluk Police Station, Kurnool District, registered for the alleged offences under Sections 318(4), 316(2), 351(2) read with 3(5) of nd the Bharatiya Nyaya Sanhita, 2023 on the complaint of the 2 respondent. 3. The learned counsel for the petitioners submits that on account of the differences in the business transactions, between the petitioners and the respondent, the present complaint has been filed. 4. The veracity of the allegations made in the complaint would come to light during the course of the investigation. At this juncture, the Court is not inclined to interfere in the investigation. Furthermore, the offences alleged against the petitioners would attract a punishment of less than seven years. 5. Therefore, the Station House Officer, Kurnool Taluk Police Station Kurnool District, is directed to follow the procedure as contemplated under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 insofar as the petitioners are concerned, for the purpose of investigation in connection with Crime No.62 of 2025. This order would not preclude CRL.P. No.4607 of 2025 the investigation officer from filing a charge sheet or final report after completion of the investigation. 6. Accordingly, the criminal petition is disposed of. 7. Miscellaneous petitions, if any, pending in the criminal petition shall Sd/- P. VINOD KUMAR ASSISTANT REGISTRAR Stand closed. //TRUE COPY// SECTION OFFICER To, 1. The Station House Officer, Kurnool Taluk Police Station. 2. One CC to Sri Ankam Ravindra, Advocate [OPUC] 3. Two CCs to Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. [OUT] 4. Three C.D Copies. ssl Cnr f HIGH COURT DATED:29/04/2025 ORDER CRLP.No.4607 of 2025 CRIMINAL PETITION IS DISPOSED OF. ssl