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2025 DAILYLAW 48869 (AP)

SOMU LAKSHMI PRASANNA v. THE STATE OF ANDHRA PRADESH

CRLP/4820/2025 · 2025-05-01

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

\ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT! FRIDAY. THE SECOND DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’ BLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4820 OF 2025 Between: 1. Somu Lakshmi Prasanna, W/o. S. Ranga Vara Prasad, Age: 37 years, R/o. D.No. 3-34-8/1, Golthivari Street, Subbarao Peta, Tadepalligudem, West Godavari District-534101. 2. Maddula Nvs Krishna Mohan, S/o. Sai Kumar, Age: 54 years, R/o. D.No. 3-48-9/2, Bhahath Singh Nagar, Tadepalligudem, West Godavari District-534101. 3. Maddula Alivelu Manga Thayar, W/o. Maddula Nvs Krishna Mohan, Age: 50 years, R/o. D.No. 3-48-9/2, Bhahath Singh Nagar, Tadepalligudem, West Godavari District-534101.. ...PETITIONERS/ACCUSED 1 to 3 AND 1. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of A.P. Amaravati. 2. Perumalla Nageswara Rao, S/o. Veera Venkata Hanumantha Rao, Age: 25 years, R/o. D.No. 3-34-8/1, Golthivari Street, Subbarao Peta, f Tadepalligudem, West Godavari District-534101. '■'V, ...RESPONDENTS/DEFACTO COMPLAINANT Petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita praying that in the circumstances stated in the Memorandum of Grounds of ^€(3rimir>af Petition, the High Court may be pteased to call for the records r^fating ^d the F.I.R. No.70 of 2025 dated: 06-03-2025 on the file of a: Tadepallipddem Town Police Station, West Godavari District. 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 stay all further proceedings including appearance of the Petitioners/Accused Nos. 1 to 3 in F.I.R.No.70 of 2025 dated 06-03-2025 on the file of Tadepalligudem Town Police Station, Town Police Station, West Godavari District. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Chakradhara Raja Y, 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: APHC010225992025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] -S- FRIDAY.THE SECOND DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4820/2025 Between: Somu Lakshmi Prasanna ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. CHAKRADHARA RAJA Y \ \ \ Counsel for the Respondent/complainant: 1 1. The Court made the following Order: The petitioners are arrayed as accused Nos.1 to 3 in Crime No.70 of 2025, on the file of the Tadepalligudem Town Police Station, West Godavari district, for alleged offence under Sections 329(4), 115(2), 351^) read with 3(5) of BNS Act. Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor appearing for the State. Though the learned counsel for the petitioners filed this petition seeking the quashing of the FIR, they have, however, restricted the relief to 2. 3. 2 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\ 4. The learned Assistant Public Prosecutor stated that he has no objection to give such a direction. 5. The criminal petition is disposed of by directing the Station House Officer, Tadepalligudem Town Police Station, West Godavari 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 petitioners are concerned. 6. As a sequel, pending miscellaneous petitions, if any, shall stand closed. 1 (2014) 8 see 273 SD/- A VENU GOPALA RAO ASSISTANT REGISTRAR //TRUE COPY// dp- ^SECTION OFFICER V To, 1. The Station House Officer, Tadepalligudem Town Police Station, West Godavari District. 2. One CC to SRI. CHAKRADHARA RAJA Y, Advocate [OPUC] 3. Two CC to Public Prosecutor, High Court of Andhra Pradesh at ..^Amaravathi. [OUT 4. Three CD Copies Chp CHP HIGH COURT DATED:02/05/2025 \ ORDER CRLP.No.4820 of 2025 I I’i jtfL m § ^ - Current bectien . ■ ' ■ it^ DISPOSING OF THE CRIMINAL PETITION