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2025 DAILYLAW 56760 (AP)

YALAVA HEMANTH KUMAR v. THE STATE OF ANDHRA PRADESH

CRLP/4925/2025 · 2025-05-01

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE SECOND DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4925 OF 2025 Between: 1. Yalava Hemanth Kumar, S/o Shivappa, Aged about 42 years, Occ Agriculture, R/o. 3-55, Nadimpalli, Nadimpalli, Anantapur. 2. Y.Shivappa, Aged about 80 years, Occ Agriculture, R/o.3-55, Nadimpalli, Nadimpalli, Anantapur. 3. Naryanappa, S/o. Buddaiah, Aged about 56 years, Occ Agriculture, R/o.3-20, Nadimpalli, NadiMpalli, Anantapur. 4. Lakshmidevamma, W/o Shivappa, Aged about 65 years, Occ Housewife, R/o.3-55, Nadimpalli, Nadimpalli, Anantapur. 5. Lalitha, W/o Hemanth Kumar, Aged about 34 years, Occ Housewife, R/o.3-55, Polepalli, Nadimpalli, Anantapur. 6. Y.Malakka, W/o.Narayanappa, Aged about 47 years, Occ Housewife, R/o.3-65, Polepalli,Polepalli. Somandepalli, Anantapur. ...Petitioner / Accused aAND 1. The State of Andhra Pradesh, Rep. through Public Prosecutor, High Court of Andhra Pradesh, Amaravathi, Guntur District. ...Respondent / / 2. Y.Swetha, W/o Balakrishna, Aged about 21 years, Occ: Housewife, R/o Polepalli Village, Somandepalli Mandal Sri Satya Sai District, Andhra ' '^P^desh. / / ; f: * ^ i?- \ f .Respondent/Defacto - Complainant f Petition under Section 528 of the BNSS, and under Section 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 FIR No.37 of 2025 dated 04.04.2025, Somandepalli Police Station, Sri Sathya Sai District, for the alleged offences under Sections 191(2), 191(3), 79, 115(2), 118(1), 109, R/w 190 of the Bharatiya Nyaya Sanhitha, 2023 I.A. NO: 2 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 stay all further proceedings including arrest of the Petitioner 'in FIR No.37 of 2025 dated 04.04.2025, Somandepalli Police Station, Sri Sathya Sai District, for the alleged offences under Sections 191(2), 191(3), 79, 115(2), 118(1), 109, R/w 190 of the Bharatiya Nyaya Sanhitha, 2023. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri M R K Chakravarthy, Advocate for the Petitioner and the Public Prosecutor (TG/AP) on behalf of the Respondent. The Court made the following: APHC010233652025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] FRIDAY. THE SECOND DAY OF MAY TWO THOUSANDAND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NQ- 4925/2025 Between: Yalava Hemanth Kumar and Others ...PETITIONER/ACCUSED(S) AND The State of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT{S) Counsel for the Petitioner/accused(S): 1.M RK CHAKRAVARTHY Counsel for the Respondent/complainant(S): 1.PUBLIC PROSECUTOR The Court made the following Order: Heard the learned counsel for the petitioners/Accused and the learned Assistant Public Prosecutor representing the State. The learned counsel for the petitioners submits that the petitioners are arrayed as accused in Crime No.37 of 2025, on the file of Somandepalli Police Station, Sri Satya Sai District, for the alleged offences under Sections 191 (2), 191(3), 79, 115(2), 118(1), 109 read with 190 of the Bharatiya Nyaya Sanhitha, . 2. / 2023. 3. It is submitted that the fifth husband of the de facto complainant which 2025 dated 03.04.2025 for the offences 115(2), 118(1), 109 read with 19aof BNS. As a counter blast, the implicating the petitioners herein second petitioner is aged about 80 assistance of somebody. However, he has been i It is further submits that there herein and the second respondent. Considering the submissions, there shall petitioner has filed a complaint against the’ was registered as Crime No.36 of under Sections 191(2), 191(3), 79, 4. second respondent has filed a complaint as accused. It is pertinent to submit that the years and has to stand up with the implicated a false case, are civil disputes between the petitioners 5. 6. be a direction to the Station District, to complete investigation in coercive steps against the petitioners herein, shall not preclude the Station House Officer/Investigating report/charge sheet. House Officer, Somandepalli, Sri Satya Sai the crime, without taking any This Officer from filing the final 7. Accordingly, the Criminal Petition is disposed of. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- M RAMESH BABU //true COPY// deputy REpiSTRAR SECTIO*N OFFICER 1. The Station House Officer, Somandepalli Police Station, Sri Sathya 2. One CC to Sri M R K Chakravarthy, Advocate 3. Two CCs to Public Prosecutor 4. Three CD Copies PR (gsg) ',4 To, [OPUC] High Court of Andhra Pradesh [OUT] HIGH COURT DATED: 02/05/2025 ORDER 5 ^SJUNJiK . Current ^cnon CRLP.No.4925 of 2025 Oi DISPOSING THE CRLP