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2025 DAILYLAW 5369 (AP)

T KASIMVALI v. The State of Andhra Pradesh,

CRLP/936/2025 · 2025-01-31

V Sujatha

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI FRIDAY, THE THIRTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA CRIMINAL PETITION NO: 936 OF 2025 Between; 1. T. Kasimvali, S/o. Jallil, Age 36 years, R/o. 2-256, O.C Colony Balavenkatapuram Village, Kalyanadurgam Mandal, Anantapur District. 2. T. Imam Vali„ S/o. Jallil, Age 33 years, R/o. 2-256, O.C. Colony, Balavenkatapuram Village, Kalyanadurgam Mandal, Anantapur District. ...PETITIONER/ACCUSED(S) N0.1 & 2 AND 1. The State of Andhra Pradesh, Rep. by S.H.O, Kalyanadurgam Rural U Police Station, Anantapur District, Through Public Prosecutor, High Court of Andhra Pradesh, Amaravathi. 2. Chakali Venkatesulu, S/o. Late Linganna, Age 36 years, R/o. Kadarampalli Village, Kalyanadurgam Mandal, Anantapur District. ...RESPONDENTS/COMPLAINANt Petition under Section 528 of BNSS Act praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the criminal proceedings against the Petitioners/A1 & A2 in Crime. No. 173/2024, Kalyanadurgam Rural U Police Station, Anantapur District. on the file of I.A. NO: 1 OF 2025 Petition under Section 528 of BNSS Act, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay of all further proceedings against the Petitioners/AI & A2 in Crime. No. 173/2024, on the file of Kalyanadurgam Rural U Police Station, Anantapur District. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Siva Nagarjuna Sidhadapu, Advocate, for the Petitioners and the Public Prosecutor on behalf of the Respondent No 1; The Court made the following ORDER : i w APHC010044842025 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: 936/2025 Between: ...PETITIONER/ACCUSED(S) T Kasimvali and Others AND ...RESPONDENT/COMPLAINANT(S) The State of Andhra Pradesh and Others Counsel for the Petitioner/accused(S): 1.SIVA NAGARJUNA SIDHADAPU Counsel for the Respondent/complalnant(S): 1. PUBLIC PROSECUTOR The Court made the following; 2 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. 173 of 2024 of Kalyanadurg Urban Police Station Ananthapuram District registered for the offences punishable under Section 420 read with 34 IPC. Heard learned counsel for the petitioners and learned Assistant Public Prosecutor appearing for the respondent 2. 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 Bihar^. 4. Learned Assistant Public Prosecutor on instructions would 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 I I concerned Station House Officer. 1 (2014) 8 see 273 3 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 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). 5. a) b) as 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. 6. Accordingly, the Criminal Petition is disposed of. As a sequel, interlocutory applications pending, if any, shall 7. stand closed. SOI- B.PRASADARAO ASSISTANT REGISTRAR If' ^ //TRUE COPY// SECTION OFFICER To, 1. The Station House Officer, Kalyanadurgam Rural U Police Station Anantapur District. 2. One CC to Sri Siva Nagarjuna Sidhadapu, Advocate [OPUC] 3. Two CCs to the Public Prosecutor, High Court of A.P., at Amaravathi [OUT] 4. THREE CD COPIES SRm TAC HIGH COURT DATED: 31/01/2025 ORDER CRLP.No.936 of 2025 S' 21 FE8 2025 | ^ . Current Section DISPOSING OF THE CRL.P.