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2025 DAILYLAW 48462 (AP)

NAGA BHAVANI SANTHALA v. THE STATE OF ANDHRA PRADESH

CRLP/4871/2025 · 2025-05-01

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI FRIDAY ,THE SECOND DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4871 OF 2025 Between: Naga Bhavani Santhala, W/o Bheema Naga Babu, Aged about 28 years R/o Vaddi Rajju House, Challapalli, Krishna District. ...Petitioner/Accused No.1 AND 1. The State of Andhra Pradesh, Rep. by its Public prosecutor High court of A.P. at Amaravathi. 2. Silambarsan Panneerselvem, S/o Pannerselvem Govinda Sarny, Aged about 34 years, R/o D.No. 3/25A, Main Road, Sikkalapathu, Orauthur, Nagapattinam, Tamil Nadu State. ...Respondents Petition under Section 482 of Cr.P.C (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 entire proceedings against the petitioner in Crime No; 33 of 2022 on the file Machilipatnam Town Police Station, Krishna District, being in abuse of process of law. I.A. NO: 2 OF 207!^ Petition under Section 482 circumstances stated in the Memorandum of Grounds of Criminal the High Court may be pleased to stay all further proceedings 33 of 2022 on the file Machilipatnam Town Police pending disposal of the main criminal petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and i Sivaprasad Reddy Venati, Advocate for the Public Prosecutor on behalf of the Respondent No. 1. The Court made the folloviring order: of Cr.P.C praying that in the Petition, in Crime No; Station Krishna District upon hearing the arguments of Sri Petitioner and the Assistant am. 1 APHC010230352025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) lU [3457] FRIDAY ,THE SECOND DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4871/2025 Between: Naga Bhavani Santhala ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh and Others^ ...RESPONDENT/COMPLAINANT(S) V Counsel for the Petitioner/accused: 1. SIVAPRASAD REDDY VENATI Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following Order: The petitioner is arrayed as accused No.1 in Crime No.33 of 2022 the file of the Machilipatnam Town Police Station, Krishna District, for alleged offence under Sections 406 and 420 read with 34 of IPC. on Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor appearing for the State. Though the learned counsel for the petitioner filed this petition seeking the quashing of the FIR, he has, however, restricted the relief to the extent of directing the Investigating Officer to follow the procedure prescribed 2. 3. 2 under Section 35(3) of the BNSS, and the guidelines prescribed by the Apex Court in Arnesh Kumarv. State of Bihar\ The learned Assistant Public Prosecutor stated that he has objection to give such a direction. The criminal petition is disposed of by directing the Station House Officer, Machilipatnam Town Police Station, Krishna District, to follow the procedure as contemplated under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”) in so far as the petitioner is concerned. 4. no 5. 6. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ^ (2014) 8 see 273 Sd/- G HELANAIDU ASSISTANT REGISTRAR //TRUE eOPY// SEGTION OFFieER To. 1. The Station House Officer, Machilipatnam Town Police Station, Krishna District 2. One CC to Sri. Sivaprasad Reddy Venati Advocate [OPUC] 3. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh Amaravathi [OUT] 4. Three CD Copies at Stu GSC HIGH COURT DATED:02/05/2025 ORDER CRLP.No.4871 of 2025 DISPOSING OF THE CRIMINAL PETITION