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2025 DAILYLAW 45382 (AP)

SHAIK KARIM v. THE STATE OF ANDHRA PRADESH

CRLP/4298/2025 · 2025-04-22

Harinath N

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4298 OF 2025 Between: 1. Shaik Karim, S/o. Tajuddin, Aged about 26 years R/o D.No 23-3-1 Donka Road Sattenpalli Town Palnadu District. 2. Shaik Subhani, S/o. Tajuddin Aged about 29 years, R/o D.No 23-3-1 Donka Road Sattenpalli Town Palnadu District. 3. Pawan @ K. Pavan Kalyan, S/o. Siva Sankar Aged about 20 years R/o D.No 14-3-16 Rjakabazar Sattenpalli Town Palnadu District. ...PETITIONERS/ACCUSED Nos. 1 to 3 AND 1. The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court, Amaravathi. 2. Inumukkala Srikanth, S/o. Ramesh, Aged about 20 years, R/o. Kothapaelm Village Bellamkonda Mandal, Palnadu District. ...RESPONDENTS/DEFACTO COMPLAINANT Petition under Section 528 of BNSS U/s 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 call for the records and quash the proceedings against the Petitioners/Accused Nos. 1 to 3 in Crime No. 57/2025 date 08.04.2025 on the file of the Sattenpalli Town Police Station Palnadu District. LA. 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 d to stay all the further proceedings in Crime No. 57/2025 date 08.04.2025 on the file of the Sattenpalli Town Police Station Palnadu District. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Ramakrishna Akurathi, 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 ORDER: CRLP. No.4298 of 2025 APHC010199202025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY JHE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4298/2025 Between: ...PETITIONER/ACCUSED(S) Shaik Karim and Others AND ...RESPONDENT/COMPLAINANT{S) The State Of Andhra Pradesh and Others Counsel for the Petltioner/accused(S): 1. RAMAKRISHNA AKURATHI Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: 2 CRLP 4298 OF 2025 THE HON’BLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.4298 OF 2025 ORDER: 1. Heard the submissions of the learned counsel for the petitioner and the learned Assistant Public Prosecutor appearing for the State. 2. The learned counsel for the petitioners submits that the petitioners were arraigned as A.1 to A.3 in Crime No.57 of 2025 of Sattenpalli Town Police Station, Palnadu District, registered for the alleged offences under Sections 115(2), 308(2), 351(2) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023, on the complaint of the 2^^ respondent. 3. The learned counsel for the petitioners submits that the 2'^'* respondent was engaged as an employee at the 1®' petitioner school but habitually failed to discharge his duties in a regular and diligent manner. Upon being questioned regarding his persistent absenteeism and called upon to return the advance amount paid to him, the 2"*^ respondent fabricated a false narrative and implicated the petitioners in the alleged offence. Further, there is an unexplained and inordinate delay of six days in the lodging of the complaint, which casts a doubt on its veracity. 4. The learned counsel further submits that the offences alleged against the petitioners are punishable below 7 years and, therefore, seeks a direction to the police to follow the procedure provided under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023. \ 3 CRLP 4298 OF 2025 5. Considering the submissions of the learned counsel for the petitioners the Station House Officer, Sattenapalli Town Police Station, Palnadu 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.57 of 2025. This order would not preclude the investigation officer for filing 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 stand closed. Sd/- K. KASI RAO ACHARI ASSISTANT REGISTRAR //TRUE COPY// OFFICER SEC To, 1. The Station House Officer, Sattenpalli Town Police Station Palnadu District. 2. One CC to SRI. RAMAKRISHNA AKURATHI, Advocate [OPUC] 3. Two CC to Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. [OUT] 4. Three CD Copies Chp PRK high court DATED;23/04/2025 ORDER CRLP.No.4298 of 2025 disposing OF THE CRIMINAL PETITION