Bandarupalli Pavan Kumar v. The State of Andhra Pradesh,
CRLP/923/2025 · 2025-01-31
V Sujatha
body2025
DailyLaw.ai
[ 2025 DAILYLAW 5257 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 5257 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010042942025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] FRIDAY, THE THIRTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SMT JUSTICE V.SUJATHA
CRIMINAL PETITION NO: 923/2025
Between:
Bandarupalli Pavan Kumar and Others
...PETITIONER/ACCUSED(S) AND
The State of Andhra Pradesh and Others
...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused(S):
1. YASWANTH GADE
Counsel for the Respondent/complainant(S):
1. PUBLIC PROSECUTOR
The Court made the following:
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ORDER:
This Criminal Petition is filed by the petitioners herein under Section 528 of B.N.S.S., to quash the proceedings in Crime No.138 of 2024 of Ballikurava Police Station, Bapatla District registered for the offences punishable under Sections 85 read with 3(5) BNS and Sections 3 & 4 of Dowry Prohibition Act.
2. Heard learned counsel for the petitioners and learned Assistant Public Prosecutor appearing for the respondent No.1/State.
3.
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 of Bihar1.
4. Learned Assistant Public Prosecutor on instructions would submit that all 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 SCC 273
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5. Considering the submissions, this Criminal Petition is
disposed of with the following directions; a) Investigating Officer is at liberty to complete the investigation, in accordance with law. b) 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).
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. __________________ JUSTICE V.SUJATHA Date: 31.01.2025 Pmk
4 58 HONOURABLE SMT. JUSTICE V.SUJATHA
CRIMINAL PETITION No.923 of 2025
Date: 31.01.2025 Pmk