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2025 DAILYLAW 49655 (AP)

BHIMALINGA @ BHEEMALINGADU v. THE STATE OF ANDHRA PRADESH

CRLP/5065/2025 · 2025-05-05

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI TUESDAY ,THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 5065 OF 2025 Between: 1. Bhimalinga @ Bheemalingadu, S/o. Madiga Venkatesh, (A1) Aged 35 years, Occ Reporter R/o. Palledoddi Village, Devanakonda Mandal, Kurnool District. 2. veeresh @ Yerukala Ereshu, S/o. Narasanna (A2) Aged 32 years, Occ Employee R/o. Devanakonda Village & Mandal, Kurnool District. 3. Brahmaiah @ Baine Chinna Brahmayya, S/o. Rangaiah, (A3) Aged about 55 years, Occ Scrap vendor R/o. Devanakonda Village & Mandal, Kurnool District. 4. Keshanna @ Kandanati Keshanna, S/o. Danamaiah,(A4) Aged about 36 years, Occ Cultivation, R/o. Potlapadu Village, Devanakonda Mandal, Kurnool District. 5. Rangaswamy @ Harijana Rangaswamy, S/o. Hampanna, (A5) Aged about 35 years, Occ Media Reporter, R/o. Kunkanuru Village, Devanakonda Mandal, Kurnool District ...PETITIONERS AND 1. The State Of Andhra Pradesh, Through SHO, Devanakonda P.S., Kurnool, Kurnool District, Rep by its Public Prosecutor High Court, Amaravati. 2. Nallabothula Kannappa, S/o. Kattella Karrenna, Aged about 39 Occ Ex-Serviceman. R/o. Police Quarters, Devanakonda Village & Mandal, Kurnool District. years ...RESPONDENT/DEFACTO COMPLAINANT 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 call for the records in F.I.R.No.43/2025 on the file of the Devanakonda Police Station. Devrakonda, Kurnool District and quash the same against the petitioners herein I.A. 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 to grant stay of all further proceedings in F.I.R.No.43/2025 on the file of Devnakonda Police Station, Kurnool District, including arrest of the petitioners, pending disposal of the quash petition This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri V. S. K. Rama Rao, Advocate for the Petitioners and the Public Prosecutor (AP) on behalf of the Respondent No.1 and Respondent No.2 none appeared for the The Court made the following order: APHC010236242025 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: 5065/2025 Between: Bhimalinga @ Bheemalingadu and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused(S): 1.VSKRAMA RAO Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following Order: The petitioners are arrayed as accused Nos.1 to 5 in Crime No.43 of 2025, on the file of the Devanakonda Police Station, Kurnool district, for alleged offences under Sections 308(3), 351 (2), 115(2), 118(1), 126(2) read with 3(5) of BNS. Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor appearing for the State. 2. 2 v- 3. The learned counsel for the petitioners submits that the present complaint is a counter blast to the earlier complaint filed by the petitioners. He further restricted the relief to 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\ The learned Assistant Public Prosecutor stated that he has no 4. objection to give such a direction. The criminal petition is disposed of by directing the Station House Officer, Devanakonda Police Station, Kurnool district, to follow the procedure 5. 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. T (2014) 8 see 273 Sd/- N. NAGAMMA ASSISTANT REGISJI^AR // //TRUE COPY// SECTION OFFICER To House Officer, Devanakonda Police Station, Kurnool 1. The Station Kurnool District, 2. One CC to Sri V. S. K. Rama Rao, Advocate [OPUC] Public Prosecutor, High Court of Andhra Pradesh at 3. Two CC’s to Amaravathi. [OUT] 4. Three CD Copies SM ssb fipil^ r HIGH COURT DATED:06/05/2025 ORDER CRLP.No.5065 of 2025 DISPOSING OF THE CRIMINAL PETITION