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2025 DAILYLAW 56356 (AP)

Vatukula Ramu v. The State of Andhra Pradesh

CRLP/11408/2025 · 2025-11-03

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010586352025 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: 11408/2025 Between: 1. VATUKULA RAMU, S/O.VATUKULA RAMA RAO, AGED ABOUT. 33 YEARS, OCCPVT. EMPLOYEE,R/O. NO.213, 2 FLOOR, RNG WESTEND,PLOT N0.146/B, NRI COLONYPRAGATHI NAGAR, BACHUPALLY,MEDCHAL DISTRICT, HYDERABAD, TELANGANA-500090. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP. BY PUBLIC PROSECUTOR,HIGH COURT AT ANDHRA PRADESH AT AMARAVATHI,THROUGH SHO PS PATHAPATNAM, SRIKAKULAM DISTRICT. 2. GOKAVALASA JANAKI, W/O VATUKULA RAMU,AGE 28 YEARS, OCC HOUSE WIFE,R/O.D.NO.5-23, 2 LINE,YASHODA NAGAR,PATHAPATNAM VILLAGE MANDAL,SRIKAKULAM DISTRICT, ANDHRA PRADESH. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1. V RAGHU 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.108 of 2025 of Pathapatnam Police Station, Srikakulam District, registered for the offences punishable under Section 85 of the BNS and Sections 3 and 4 of the Dowry Prohibition Act. 2 2. Heard Sri V.Raghu, learned counsel for the petitioner and Ms.Priyanka Lakshmi, learned Assistant Public Prosecutor representing the respondent/State. 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). 1 (2014) 8 SCC 273 3 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. 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.11408 of 2025 Dt.04.11.2025 Asr