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2025 DAILYLAW 49208 (AP)

ManguRamanuja Lakshmi Narasimha Rao, v. The State of A.P.

CRLP/5066/2025 · 2025-05-05

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 SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 5066 OF 2Q2fi Between: ManguRamanuja Lakshmi Narasimha Rao Advocate, aged 57 years, R/o H.No.6-85/1-F-102,Tirumala Near S/o late Narendra Rao, Residency, Rural, Ramavarappu SBI Andhra Pradesh - 521108 Branch, Vijayawada ...PETITIONER/ACCUSED AND 1. The State of A.P., Rep. by its Public Prosecutor, AMARAVATI High Court of A.P. 2. Budaraju AliveluMangatayaru Narasimha Rao, aged 55 years. Junior Accounts Officer H.NO.6-85/1-F-102, W/o ManguRamanuja Lakshmi APGENCO, Tirumala Residency, Ramavarappadu, Vijayawada Rural, Andhra Pradesh - 521108 (De-facto Complainant) ...RESPONDENT/COMPLAINANTS R/o Petition under Section 528 of BNSS, 2023, praying that in the Petition, 144 of 2025 dated Station, Vijayawada, circumstances stated in the Memorandum of Grounds of Criminal the High Court may be pleased to quash the FIR No. 20.03.2025 pending on the file of the Patamata Police NTR District in the interest of justice. : ■■ -j f AANOl2OF^2025 Petition under Section 528 of BNSS, 2023, praying that in the ,4Gii:cumstances stated in the Memorandum of Grounds of Criminal Petition, ^5?; pleased to grant stay of all further lauding the Petitioner <i' ; «! dated 26.03.2025 proceedings s attendance/presence in Crime/FIR No. 144/2025 ■r i “ pending on the file of the Patamata Police Station, ’ , Vijayawada, NTR District in the interest of justice. I.A. NO: 1 OF 2n2fi Petition under Section 528 of BNSS, 2023 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 certified copy of the FIR No. 144/2025 dated 20.03.2025 pending on the file of the Patamata Police Station, Vijayawada, NTR District in the interest of justice. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Sivalenka Ramachandra Prasad, Advocate for the Petitioner and the on behalf of the Public Prosecutor of High Court of Andhra Pradesh Respondent No. 1 and none appeared for the Respondent No.2. The Court made the following: APHC010238572025 r IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY, THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 5066/2025 Between: Manguramanuja Lakshmi Narasimha Rao ...PETITIONER/ACCUSED AND The State Of A P and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused: 1 .SIVALENKA RAMACHANDRA PRASAD Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR / § The Court made the following order: / The learned counsel for the petitioner submits that the petitioner is arrayed as sole accused in Crime No.144 of 2025 on the file of Patamata Police Station, for the alleged offences under Section 85 of BNS. It is submitted that the petitioner and the 2'^^ respondent were married on 29.07.2001 and that the petitioner and 2'^'^ respondent are blessed with two children who are majors. It is submitted that the 2"^^ respondent issued a notice on 20.01.2025 calling upon the petitioner to accept for mutual consent divorce as the 2"^^ respondent was not willing to live under jH^\one roof with the 2. Sit- 2 . >4 petitioner. As the petitioner did not accept the demand of the 2"^^ respondent for mutual consent divorce, she has filed a complaint before the Patamata Police Station registered as Crime No.144 of 2025. It is submitted that the Police are repeatedly calling the petitioner, it is also submitted that notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 is issued to the petitioner. 3. Considering the submissions, the criminal petition is disposed of, directing the Station House Officer/Investigating Officer, for the purpose of investigation in Crime No.144 of 2025on the file of Patamata Police Station, to follow the procedure as contemplated under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and file a charge-sheet by duly taking into consideration of the submissions of the petitioner. \ As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- G HELA NAIDU ASSISTANT REGISTRAR /r //TRUE COPY// SECTION OFFICER To, 1. The Station House Officer, Patamata NTR District 2. One CC to Sri Sivalenka Ramachandra Prasad 3. Two CC’s to The Public Prosecutor of High Court of Andhra [OUT] 4. Three CD Copies Police Station, Vijayawada, Advocate [OPUC] Pradesh GPC nm '\ f HIGH COURT DATED: 06/05/2025 ORDER CRLP.No.5066 of 2025 2>’ g 0 2 AUG 2025 mw ^ Current Section DISPOSING OF THIS CRLP