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2025 DAILYLAW 56460 (AP)

SOMANNAGARI SIVA PRASAD REDDY v. THE STATE OF ANDHRA PRADESH

CRLP/13166/2025 · 2025-12-29

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010687042025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 13166/2025 Between: 1. SOMANNAGARI SIVA PRASAD REDDY, S/O. VENKATA REDDY, AGED ABOUT 46 YEARS, OCC. BUSINESS, R/O.D.NO.2-44, YAGANTIPALLE VILLAGE, BANAGANAPALLE MANDAL, NANDYAL DISTRICT, A.P 2. SOMANNAGARI MANJUNATHA REDDY,, S/O. SOMANNAGARI SIVA PRASAD REDDY, AGED ABOUT 22 YEARS, OCC. PRIVATE EMPLOYEE, R/O.D.NO.2-44, YAGANTIPALLE VILLAGE, BANAGANAPALLE MANDAL, NANDYAL DISTRICT, A.P. - 518124. 3. SOMANNAGARI KEERTHI VARDHAN REDDY,, S/O. SOMANNAGARI SIVA PRASAD REDDY, AGED ABOUT 20 YEARS, OCC. STUDENT, R/O.D.NO.2-44, YAGANTIPALLE VILLAGE, BANAGANAPALLE MANDAL, NANDYAL DISTRICT, A.P. 518124. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF A.P., NELAPADU, AMARAVATHI, GUNTUR DISTRICT, A.P- 522239 2. BANDI KUMARA SWAMY REDDY, S/O. BANDI RAMA KRISHNA REDDY, AGED ABOUT 48 YEARS, OCC. FARMER, R/O.YAGANTIPALLE VILLAGE, BANGANAPALLE MANDAL, NANDYAL DISTRICT, A.P. - 518124. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused(S): 1. MASALEGAR HIDAYATHULLA 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 Petitioners/Accused Nos.1 to 3, to quash the proceedings 2 in Crime No.276 of 2025 of Banaganapalli Police Station, Nandyal District, registered for the offences punishable under Sections 115(2), 118(1) and 351(2) read with 3(5) of BNS. 2. Heard Sri Masalegar Hidayathulla, learned counsel for the petitioners and Ms.Priyanka Lakshmi, learned Assistant Public Prosecutor representing the respondent/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 the offences registered against the petitioners 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 petitioners, concerned police authorities are directed to scrupulously follow the procedure prescribed under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, and the 1 (2014) 8 SCC 273 3 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 petitioners are at liberty to challenge the charge sheet, if they 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:30.12.2025 Asr 4 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.13166 of 2025 Dt.30.12.2025 Asr