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2025 DAILYLAW 49575 (AP)

BODE RAMACHANDRA YADAV v. The State of Andhra Pradesh

CRLP/10903/2025 · 2025-10-16

Venkata Jyothirmai Pratapa

body2025

Judgment text

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HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MAIN CASE No. Crl.P.No.10903 of 2025 PROCEEDING SHEET Sl. No. DATE ORDER OFFICE NOTE 01. 17.10.2025 Dr.VJP, J I.A.No.2 of 2025 Heard Sri PVG Umesh Chandra, learned counsel for the Petitioner and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor for State. Learned counsel would submit that a case in Crime No.198 of 2025 on the file of Nakkapalli Police Station, Anakapalli District for the offences under Sections 109(1), 308(6), 189(2), 189(4), 191(2), 121(1), 285, 126(2) read with 190 of BNS has been registered against the Petitioner and others alleging thaton 12.10.2025 at 13.00 hours at Rajayyapeta Village, Nakkapalli Mandal, a dharn was being conducted opposing the establishment of a Bulk Drug Park. In that connection, on receipt of information that the Petitioner would visit the protest site, at the instigation of the Petitioner, the other Accused, who are his followers, unlawfully formed into an assembly, shouted slogans, threatened to kill the police personnel, forcibly snatched the rope held by the Police, pushed them aside and attacked the Police officers, who were on duty and the mob also reached NH-16 road near Nakkapalli – Upmaka arch, obstructed traffic and caused severe disruption to public movement and also assaulted the Woman Police Constable with sticks with an intention to kill, due to which she sustained a bleeding injuries. Learned Counsel would further submit that the Petitioner is a political activist and the alleged protest was undertaken by him at the request of famers against the land acquisition for a project of Bulk Drug Park. Learned counsel would further submit that several cases have been registered against the Petitioner by political vendetta with false allegations. It is further submitted that, on the date of alleged incident, the Petitioner was in Visakhapatnam and was encircles by the local Police restricting his movement. Learned counsel would submit that, no prima facie case is made out against the Petitioner. Learned counsel finally prays to stay all further proceedings in this matter. Learned Assistant Public Prosecutor takes notice on behalf of the State. Learned Assistant Public Prosecutor, would submit that, there are specific allegations leveled against the Petitioner in the commission of the alleged offences. It is further submitted that investigation is at the nascent stage and the same may go on to reveal the truth or otherwise of the said allegations. As seen from the contents of the FIR, there is verifiable material to be disclosed during investigation and that, this is not the stage to decide the truth or otherwise of the said allegations or culpability of the Petitioner in the commission of the alleged offences, by going into merits of the case. Considering the submissions made, Police are directed to proceed with the investigation in Crime No.198 of 2025 on the file of Nakkapalli Police Station, Anakapalli District, without taking any coercive steps against the Petitioner. Petitioner is directed to cooperate with the investigation. ________ Dr.VJP, J Crl.P.No.10903 of 2025 Meanwhile, learned counsel for the Petitioner is permitted to take out personal notice to Respondent No.2 through RPAD / Courier and file proof of the same. List the matter after four (04) weeks. ________ Dr.VJP, J Note: Issue C.C today Dinesh