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APHC010054822025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327]
WEDNESDAY, THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE
PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY
CRIMINAL PETITION NO.1182 OF 2025
Between:
Kodi Dhanalakshmi ...PETITIONER/ACCUSED
AND
The State of Andhra Pradesh, rep. by its PP ...RESPONDENT/COMPLAINANT
Counsel for the Petitioner/accused:
1. K V VIJAYA KUMAR
Counsel for the Respondent/complainant:
1. PUBLIC PROSECUTOR
The Court made the following ORDER:
This Criminal Petition, under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioner/Accused, seeking anticipatory bail, in connection with Crime No.166 of 2024 of Dwaraka Police Station, Visakhapatnam
2 Commissionerate, registered for the offence punishable under Section 318(4) of the Bharatiya Nyaya Sanhita, 2023.
2. Learned counsel for the petitioner, after arguing for some time, has confined his argument to the extent of protecting the petitioner herein from the coercive action by the police on the ground that the offence alleged is punishable with imprisonment of less than seven years and prays this Court to direct the police to follow the procedure as contemplated under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
3. On the other hand, learned Assistant Public Prosecutor did not oppose the same and concurred with the submission made by the learned counsel for the petitioner for the reason that the offence alleged is punishable with imprisonment of less than seven years.
4. Heard. Perused the material on record.
5. Since the offence alleged is punishable with imprisonment of less than seven years, this Court directs the police to follow the procedure as contemplated under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 scrupulously and as per the
3 guidelines enunciated by the Hon’ble Supreme Court of India in Arnesh Kumar Vs. State of Bihar and another1.
6. With the above directions, the Criminal Petition is disposed of.
7. As a sequel thereto, the miscellaneous petitions, if any, pending in this Criminal Petition, shall stand closed. ________________________ K. SREENIVASA REDDY, J. Date:12.02.2025 Nsr
1 (2014) 8 SCC 273
4 HON’BLE SRI JUSTICE K. SREENIVASA REDDY
Criminal Petition No.1182 of 2025
Date:12.02.2025
Nsr