Smt. LANKA RAJESWARI @ Lanka Chammakka v. The State of Andhra Pradesh ,
CRLP/1562/2025 · 2025-02-13
B V L N Chakravarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 7282 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 7282 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI THURSDAY ,THE THIRTEENTH DAY OF FEBRUARY C /A ® / A'"AY e <1 !' TWO THOUSAND AND TWENTY FIVE /'j- 51 ,fc. / .y;AA5# A'- -V;- PRESENT # 'W' XT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI CRIMINAL PETITION NO: 1562 OF 2025 Between:
1. Smt. Lanka Rajeswari @ Lanka Chammakka, Aged about 38 Occ- Housewife. R/o. D. No. 3-98, Pedda Tadepalli Tadepalligudem . East Godavari District. Aadhar Card No.466768341568. 2. Lanka Naga Raju, S/o. Sri Lanka Nageswara Rao 45 aged about years, Occ. business R/o. D. Tadepalligudem. No.499544856877. years 45 No. 3-98, Pedda Tadepalli Godavari District. Aadhar East Card ...Petitioners/Accused No.1 & 2 AND
1. The State of Andhra Pradesh, Rep. by its Public Prosecutor, of A.P., At Amaravati Through the SHO, III Town Police Station, Rajahmundry, East Godavari District. 2. Sri. Remella Harish, S/o. Sri. R. Venkata Satyanarayana Aged about 49 years, Occ- agriculture R/o. D.No.3-32, Dorala Veedhi Veeravaram Village, Kadiyam Mandal. Rajamahendravaram. East Godavari. District. High Court ...Respondents/Defacto Complainant
r Petition under Section 528 of BNSS 2023 praying that in the circumstances stated in the Memorandum of Grounds of Criminal the High Court Petition, against the (Smt. Lanka Rajeswari @ Lanka hammakka and Lanka Naga Raju) in FIR No. 53 of 2025, dated 04-02- 2025, registered by the Sub-Inspector Rajahmundry, East Godavari District. may be pleased to quash the proceedings Petitioners/Accused No. 1 & A2 herein of Police, III Town Police Station LA. NO: 2 OF 2()9fi Petition under Section 528 of BNSS circumstances stated in the Memorandum of Grounds the High Court may be pleased to stay of all further the personal appearance and A2 herein (Smt. LANKA RAJESWARI @ Lanka Chammakka and LANKA naga RAJU) In FIR 53 of 2025, dated 04-02-2025, registered by the Sub- Inspector of Police, III Town Police Station, Rajahmundry, East Godavari District. praying that in the of Criminal Petition. proceedings, including arrest of the Petitioners/Accused No.1 and This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and Naga Raghu, Advocate for the f Prosecutor on behalf of the Respondent No.1.
The Court made the following: upon hearing the arguments of Sri M Petitioner and the Additional Public
APHC010072242025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI CRIMINAL PETITION NO: 1562/707/^ KB [3368] / B Between: Smt. Lanka Rajeswari @ Lanka Chammakka and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh and Others Counsel for the Petitloner/accused{S):
1.M NAGA RAGHU Counsel for the Respondent/complainant(S):
1. PUBLIC PROSECUTOR The Court made the following order: ...RESPONDENT/COMPLAINANT(S) This Criminal Petition, under Section 482 Cr.P.C. on behalf of the petitioners herein/A1 & A2 in Crime No.53 of 2025 Station, Rajahmundry, East Godavari has been filed to quash the proceedings on the file of III Town Police District registered for the offences punishable under Sections 319(2), 318(4), 308(2) read with Section 3(5) of BNS, 2023. 2
2. Heard Sri M.Naga Raghu, learned the learned Additional Public respondent No. 1/State. counsel for the petitioners and Prosecutor takes notice on behalf of the
3.
Learned counsel for the petitioners wouid submit that the petition may be disposed of by giving protection to the petitioners guidelines of the Hon'ble Apex Court i vide in Arnesh Kumar v. State of Bihar\
4. Learned Additional Public submit that the offences punishable with less than necessary direction Officer. Prosecutor, on instructions, would registered against the petitioners are seven (07) years period of imprisonment and may be given to the concerned Station House
5. Considering the submissions, this Criminai with the following; Petition is disposed of a) Investigating Officer is at iiberty to complete the investigation, in accordance with law. b) In the event of any coercive action sought to be taken against the petitioners, scrupulously follow the concerned police authorities are directed to procedure as contemplated under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhitha,2023 t2014) 8 see 273
3 corresponding to Section 41A Cr.P.C down by the Hon’ble Supreme Court in Arnesh Kumar's (supra). and the guidelines laid case
6. It goes without above crime, the petitioners sheet, if they feels aggrieved by the saying that, if any charge sheet is filed in the are at liberty to challenge the charge same.
7. Accordingly, the Criminal Petition is disposed of at the stage of admission itself. As a sequel, the interlocutory applications Criminal Petition shall stand closed. if any, pending in this ^aL~^ PRABHAKAR RAO as^tant registrar //TRUE COPY// To, SECTION OFFICER T The Station House Godavari District.
2. One CC to Sri. M Naga Raghu
3. Two CCs to the Public Amaravathi[OUT]
4. Three CD Copies Officer, III Town Police Station, Rajahmundry, East Advocate [OPUC] Prosecutor, High Court of Andhra Pradesh at Stu sree
HIGH COURT DATED: 13/02/2025 \
ORDER CRLP.No.1562 of 2025 DISPOSING OF THE CRIMINAL PETITION