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High Court of Andhra Pradesh · body

2025 DAILYLAW 5145 (AP)

PUNI VENKATESWARLU v. THE STATE OF ANDHRA PRADESH

CRLP/940/2025 · 2025-01-31

V Sujatha

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

¥ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVi^^ FRIDAY, THE THIRTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA CRIMINAL PETITION No.940 OF 2025 Between: 1. Puni Venkateswarlu, aged about 34 years S/o Tirapataiah, Occupation: R/o D.No.3-78, Podili Mandalam, Veiuru, Prakasam Pradesh- 523253. 2. Puni Chinna Venkateswarlu, aged about 46 D.No.3-79, Podili Mandalam Pradesh- 523253. 3. Buchi Yedukondalu, aged about 31 years, S/o Tirupataiah, R/o.D.No.3- 81-3, Podili Mandalam, Veiuru, Prakasam District, Andhra Pradesh- 523253. District, Andhra years, S/o Kotaiah, R/o Veiuru, Prakasam District, Andhra 4. Buchi Rambabu, aged about 40 years S/o.Tirupataiah Prakasam District, Andhra Pradesh-523253. Podili, Veiuru 5. Yelagala Venkatrao, aged about 40 years, S/o. Tirupataiah, Podili Mandalam, Veiuru, Prakasam District, Andhra Pradesh 523253. 6. Buchi Yedukondalu, aged about 33 years, S/o Kotaiah, Podili Mandalam, Veiuru, Prakasam District, Andhra Pradesh- 523253. 7. Araka Venkateswarulu, aged about 25 years, S/o Chinna Pullaiah, R/o- D.No.1-111, Podili Mandalam, Veiuru, Prakasam District Pradesh-523253. Andhra 8. Puni Kiran Kumar, aged about 34 years, S/o Koteswara Rao, R/o- District, Andhra D.N0.3-79-1B, Podili Mandalam, Veiuru, Prakasam Pradesh- 523253. 9. Gujjula Ramana Reddy, aged about 52 years, S/o Peda Nagaiah, R/o- D.N0.2-64-1A, Podili Mandalam, Veiuru, Prakasam District, Andhra Pradesh-523253. ' V 10. Velagala Anjamma, aged about 64 R/o-D.No.3-76, Podili Mandalam, Velum, Pradesh-523253. Araka Nagamma, aged about 31 R/o-D.No.1-140. Podili Mandalam, Velum Pradesh- 523253. years, W/o PeddaYegiyya, Prakasam District, Andhra 11. years, W/o Araka Brahmaiah, Prakasam District, Andhra 12. Yalagala Sridevi, aged about 36 years, W/o Venkatarao, Podili Mandalam, Velum, Prakasam District, Andhra Pradesh- 523253. 13. Puni Anuradha, aged about 32 years, W/o Venkateswarlu, R/o- D.No.3-78, Podili Mandalam, Velum, Prakasam District 523253. Andhra Prades- 14. Puni Radha, aged about 36 years, W/o Prasad, Podili Mandalam Veluru, Prakasam District, Andhra Pradesh - 523253. Buchi Rama Rajeswari, aged about 37 15. years, W/o Rambabu, Pradesh-523253, years, W/o Srinu, Marripudi Mandalam, Chimata, Prakasam District, Andhra Pradesh-523253. Dabbu kottu Anusha, aged about 31 Mandalam, Veluru, Yeluru, Prakasam, Andhra Pradesh-523253. Podili Mandalam, Veluru, Prakasam District, Andhra Jammala Sarada, aged about 33 16. 17. years, W/o Sudhakar, Podili PETITIONERS/ACCUSED NO.2 TO ACCUSED N0.18 AND 1. The State of Andhra Pradesh, Represented by its Public Prosecutor High Court Buildings, Amaravati. 2. T.V.Satyanarayana, S/o Anjaneyulu, aged about 58 Police Officer, Podili Police Station, Podili Pradesh years. Occupation; Prakasham District, Andhra ...RESPONDENTS 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 quash all proceedings against the petitioner herein arraigned as Accused No.2 to Accused No.18 in FIR.No.10 of 2025 dated 24-01-2025, pending on the file of the Podili Police Station, Prakasham District. I.A. No.2 OF 2Q2fi Petition under Section 482 of Cr.P.C circumstances stated in the Memorandum of Grounds of Criminal Petition the High Court may be pleased prayed before this Hon’ble Court interim relief to direct the investigating officer to issue a Section 35 BNSS notice to the petitioner herein who is arraigned as Accused No.2 to Accused No.18 in FIR.No.10/2025 pending on the file of the Podili Police Station, Podili, Prakasham District and follow the judgment rendered by the Hon’ble Supreme Court of India in the case of Arnesh Kumar v. State of Bihar (2014) 8 see 273 in the interim pending disposal of the main Criminal Petition. praying that in the as an I.A. NO: 3 OF 2Q2fi Petition under Section 482 of Cr.P.C circumstances stated in the Memorandum of Grounds of Criminal Petition; the High Court may be pleased to grant stay of all further proceedings against the petitioner herein arraigned as Accused No.2 to Accused No. 18 in FIR.No.10/2025 pending on the file of the Podili Police Station Prakasham District in the interim pending disposal of the main Criminal Petition. praying that in the Podili This Petition coming on for hearing. Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Umesh Chandra P V G, Advocate for the Petitioners and the Public Prosecutor on behalf of the Respondent No.1 The Court made the following ORDER : upon perusing the ¥ % APHC010041762025 050 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] 0L-?S FRIDAY, THE THIRTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA CRIMINAL PETITION NO: 940/2025 Between: Puni Venkateswarlu and Others ...PETITIONER/ACCUSED(S) AND The State of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused(S): 1.UMESH CHANDRA PVG Counsel for the Respondent/complainant(S): 1.PUBLIC PROSECUTOR The Court made the following: 2 ORDER: 1 This Criminal Petition is filed by the petitioners herein under Section 528 of B.N.S.S., to quash the proceedings in Crime No.10 of 2025 of Podili Police Station, Prakasam District registered for the offences punishable under Sections 189(1), 126(1), 132, 121(1), 196(1), 285 read with 190 BNS. Heard learned counsel for the petitioners and learned 2, Assistant Public Prosecutor appearing for the respondent No.1/State. Learned counsel for the petitioners would submit that the petition may be disposed of by giving protection to the petitioners vide guidelines of the Hon’ble Apex Court in Arnesh Kumar v. State ofBihar\ 3. Learned Assistant Public Prosecutor on instructions would 4. submit that ail the offences registered against the petitioners herein are punishable with less than seven (07) years period of imprisonment and necessary direction may be given to the concerned Station House Officer. 1 (2014) 8 see 273 3 9 5. Considering the submissions, this Criminal Petition is disposed of with the following directions; Investigating Officer is at liberty to complete the investigation, in accordance with law. In the event of any coercive action sought to be taken against the petitioners, the concerned police authorities are directed to scrupulously follow the procedure as contemplated under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 corresponding to Section 41A Cr.P.C., scrupulously as per the guidelines enunciated in Arnesh Kumar’s case (supra). a) b) 6. It goes without saying that, if any charge sheet is filed in the above crime, the petitioners are at liberty to challenge the charge sheet, if they feels aggrieved by the same. 7. Accordingly, the Criminal Petition is disposed of. As a sequel, interlocutory applications pending, if any, shall stand closed. SD/- K.SRINIVASA RAJU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To. 1. The Station House Officer, Podili Police Station, Podili District, Andhra Pradesh. Prakasham 1 2. One CC to Sri. Umesh Chandra P V G, Advocate [OPUC] 3. Two CC's to the Public Prosecutor, High Court of Andhra Pradesh at Amaravati [OUT] 4. THREE CD COPIES t f gkk TAC HIGH COURT DATED:31/01/2025 ORDER CRLP.No.940 of 2025 disposed of the criminal petition