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2025 DAILYLAW 54186 (AP)

DUDEKULA KHALEEL v. THE STATE OF ANDHRA PRADESH

CRLP/4396/2025 · 2025-04-23

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI THURSDAY ,THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4396 OF 2025 Between: 1. DUDEKULA KHALEEL, S/o. Raja Hussain, aged about 33 Years, Mandia Narayana Street, Besthavaripeta village and Mandal, Prakasam District. 2. Dudekula Saddam Hussain, , S/o. Raja Hussain, aged about 30 Years, Mandia Narayana Street, Besthavaripeta village and Mandal, Prakasam District. 3. Dudekula Khadar Basha @ Basha,, S/o. Raja Hussain, aged about 38 Years, Mandia Narayana Street, Besthavaripeta village and Mandal, Prakasam District. 4. Dudekula Mala Bee,, W/o. Khaleel, aged about 28 Years, Mandia Narayana Street, Besthavaripeta village and Mandal, Prakasam District. 5. Dudekula Lavanya,, W/o. Saddam Hussain, aged about 25 Years, Mandia Narayana Street, Besthavaripeta village and Mandal, Prakasam District. 6. Dudekula Allimma, , W/o. Raja Hussain, aged about 58 Years, Mandia Narayana Street, Besthavaripeta village and Mandal, Prakasam District. S/o. Allavali, aged about 21 Years, Mandia Narayana Street, Besthavaripeta village and Mandal, Prakasam District. 7. Dudekula Khadar ...PETITIONER/ACCUSED(S) AND t. THE STATE OF ANDHRA PRADESH, Rep. by the Public Prosecutor, High Court of Andhra Pradesh, Amaravati. 2 ? “ 2. Smt. Dudekula Badulla Bi,, W/o. Nadipi Moula Ali, aged about 65 years, Jagannayakula Street, Besthavaripeta Village and Mandal, Prakasam District. ...RESPONDENT/COMPLAINANTS Petition under Section 437/438/439/482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court pleased to QUASH the proceedings against the petitioners in Cr.No. 44 of 2025 of Cumbum Police Station, Prakasam District, to meet ends of justice and pass 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 Cr.No. 44 of 2025 of Cumbum Police Station, Prakasam District, Pending disposal of the CrI. Petition This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri SULTANA SHAIK ,Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No. ‘4 The Court made the followingiORDER CRLP. No.4396 of 2025 APHC010194522025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY ,THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4396/2025 Between: ...PETITIONER/ACCUSED(S) Dudekula Khaleel and Others AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused(S): 1.SULTANA SHAIK Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: CRLP. No.4396 of 2025 THE HON’BLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.4396 OF 2025 ORDER: 1. Heard the submissions of the learned counsel for the petitioners and the learned Assistant Public Prosecutor appearing for the State. 2. The learned counsel for the petitioners submits that the petitioners were arraigned as accused in Crime No.44 of 2025 of Cumbum Police Station, Prakasam District, registered for the alleged offences under Sections 351(3), 79, 115(2) read with 190 read with section 190 of the Bharatiya Nyaya Sanhita, 2023, on the complaint of the 2""^ respondent. 3. The learned counsel for the petitioners submits that only to harass the petitioners, the 2"'^ respondent foisted a false case against them. The learned counsel further submits that the offences alleged against the petitioners are punishable below 7 years and, therefore, seeks a direction to the police to follow the procedure provided under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023. 4. Considering the submissions of the learned counsel for the petitioners, the Station House Officer, Cumbum Police Station, Prakasam District, is directed to follow the procedure as contemplated under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, insofar as the petitioners are concerned, for the purpose of investigation in connection with Crime No.44 of 2025. This order would not preclude the CRLP. No.4396 of 20^^ investigation officer for filing charge sheet or final report after completion of the investigation. 5. Accordingly, the criminal petition is disposed of. 1 6. Miscellaneous petitions, if any, pending in the criminal petition shall Sd/- P. VINOD KUMAR REGI^RAR stand closed. ASSISTANT //TRUE COPY// SECTION OFFICER To, 1. The Station House Officer, Besthavaripeta Police Station, Prakasam District. 2. OneCCto Smt. SULTANA SHAIK, Advocate [OPUC] 3. Two CC to the PUBLIC PROSECUTOR, High Court of A.P Amaravati [OUT] 4. Three CD Copies 'n- f HIGH COURT DATED:24/04/2025 ORDER i J 3 lUL 20?5 \ ^ Current becuon ^ m o CRLP.No.4396 of 2025 DISPOSEING THE CRIMINAL PETITION