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2025 DAILYLAW 54928 (AP)

Lokesha, v. State of Andhra Pradesh

CRLP/11359/2025 · 2025-11-03

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010584772025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 11359/2025 Between: 1. LOKESHA,, S/O. JAIPAL, AGED ABOUT 29 YEARS, R/O. D.NO. 40-16- 17, GEORGEPET, OPPO HOTEL KAANDHARI, LABBIPET, VIJAYAWADA, ANDHRA PRADESH. ...PETITIONER/ACCUSED AND 1. STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR HIGH COURT OF ANDHRA PRADESH, AMARAVATI. 2. V KRUPAVANI, , D/O. V. DANIEL, AGED ABOUT 29 YEARS, R/O. H. NO. 87/1101-C-36, GANESH NAGAR NEAR GOUSE MASID, KURNOOL, ANDHRA PRADESH. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1. VENKATESH KOSARAJU Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court Made the Following Order: The instant Criminal Petition is filed under Section 528 of the BNSS, by the Petitioner herein/A1, to quash the proceedings in Crime No.88 of 2025 of Mahila UPS, Kurnool District, registered for the offences punishable under Sections 85, 351(2) read with 3(5) BNS and Sections 3 and 4 of the Dowry Prohibition Act. 2. Heard Sri Kosaraju Venkatesh, learned counsel for the petitioner and Ms.Priyanka Lakshmi, learned Assistant Public Prosecutor representing the respondent/State. 2 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 offences registered against the petitioner are 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. 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 the Bharatiya Nagarik Suraksha Sanhita, 2023, 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. 1 (2014) 8 SCC 273 3 Pending applications, if any, shall stands closed. __________________________________________ Dr. VENKATA JYOTHIRMAI PRATAPA, J Date: 04.11.2025 Asr 4 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.11359 of 2025 Dt.04.11.2025 Asr