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2025 DAILYLAW 50911 (AP)

Merinugu Phani Kiran Alias PaniKiran v. The State of Andhra Pradesh

CRLP/10487/2025 · 2025-10-13

Venkata Jyothirmai Pratapa

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010536692025 IN THE HIGH COURT OF ANDHRA PRADESH TUESDAY,THE FOURTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10487 OF 2025 Between: 1. Merinugu Phani Kiran Alias PaniKiran, S/o M.Sambasiva Rao(late), Aged about 47 Years, Occ Advocate, R/o H.No. 11 Guntur, A.P. 1. The State of Andhra Pradesh, Repby Sub Station, Nandyal District, Rep by Public Prosecutor, Fligh Court of Andhra Pradesh at Amaravathi 2. JeennanuRamadevi Alias Pavani, d/o J.Pullaiah, Aged about 35 Years, Occ Housewife, R/o Sunkesula Village and Post,Midthur Mandal Nandyal District, A.P. Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtpleased to call for the records relating to and connected with F.I.R No. 68 of 2 Nandyal District and quash the same against the petitioner/Accused and pass IA NO: 1 OF 2025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY,THE FOURTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10487 OF 2025 1. Merinugu Phani Kiran Alias PaniKiran, S/o M.Sambasiva Rao(late), Aged about 47 Years, Occ Advocate, R/o H.No. 11-344, Panduranga Nagar, ...Petitioner AND 1. The State of Andhra Pradesh, Repby Sub-lnspectorofPolice, Midthur Police Nandyal District, Rep by Public Prosecutor, Fligh Court of Andhra 2. JeennanuRamadevi Alias Pavani, d/o J.Pullaiah, Aged about 35 Years, Occ Housewife, R/o Sunkesula Village and Post,Midthur Mandal Nandyal District, ...Respondent Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtpleased to call for the records relating to and connected with F.I.R No. 68 of 2025 on the file of Midthur Police Station, Nandyal District and quash the same against the petitioner/Accused and pass IN THE HIGH COURT OF ANDHRA PRADESH THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. Merinugu Phani Kiran Alias PaniKiran, S/o M.Sambasiva Rao(late), Aged 344, Panduranga Nagar, ...Petitioner lnspectorofPolice, Midthur Police Nandyal District, Rep by Public Prosecutor, Fligh Court of Andhra 2. JeennanuRamadevi Alias Pavani, d/o J.Pullaiah, Aged about 35 Years, Occ Housewife, R/o Sunkesula Village and Post,Midthur Mandal Nandyal District, ...Respondents Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtpleased to call for the records relating to and 025 on the file of Midthur Police Station, Nandyal District and quash the same against the petitioner/Accused and pass Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased pleased to dispense with the filing of the certified copy of the FIR.No. 68of 2025 dt 21-09-2025 on the file of Midthur Police Station, Nandyal District and pass IA NO: 2 OF 2025 Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased pleased to grant stay of all further proceedings in F.I.R No. 68 of 2025 the file of Midthur Police Station, Nandyal District including arrest and on investigation against the petitioner, pending disposal of the main Criminal Petition, and pass Counsel for the Petitioner: SHAIK OMER QAIYUM Counsel for the Respondents: PUBLIC PROSECUTOR The Court made the following order: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10487 OF 2025 ORDER: The instant Criminal Petition, under Section 528 of B.N.S.S., 2023 (u/s.482 of the Code of Criminal Procedure, 1973) has been filed by the Petitioner/Accused, seeking quashment of the entire proceedings against him in FIR No. F.I.R No. 68 of 2025 on the file of Midthur Police Station, Nandyal District. 2. Heard Sri ShaikOmer Qaiyum, learned counsel for the petitioner and Ms. K.Priyanka Lakshmi learned Assistant Public Prosecutor representing the State. 3. Learned counsel for the petitioner would submit that the petition may be disposed of by giving protection to the petitioner vide guidelines of the Hon’ble Apex Court in Arnesh Kumar v. State of Bihar1. 4. Learned Assistant Public Prosecutor, on instructions, would submit that the offence registered against the petitioner is punishable with less than seven years period of imprisonment and necessary direction may be given to the concerned Station House Officer. 5. Considering the submissions, this criminal petition is disposed of with the following; a. Investigating Officer is at liberty to complete the investigation, in accordance with law. 1 (2014) 8 SCC 273 b. In the event of any coercive action sought to be taken against the petitioner, concerned police authorities are directed to scrupulously follow the procedure prescribed under Section 35 (3) of BNSS, [41-A Cr.P.C.] and the guidelines laid down by the Hon’ble Supreme Court in Arnesh Kumar’s case (supra). 6. It goes without saying that, if any charge sheet is filed in the above crime, the petitioner is at liberty to challenge the charge sheet, if he feels aggrieved by the same. 7. Accordingly, the Criminal Petition is disposed of. Pending applications, if any, shall stands closed. ___________________________________ Dr.VENKATA JYOTHIRMAI PRATAPA,J Date: 14.10.2025 KKV HON’BLE Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA 14 Crl.P.No.10487 of 2025 Dt.14.10.2025 KKV