Extracted from the PDF above. The PDF is authoritative.
APHC010072862025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327]
TUESDAY, THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE
PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY
CRIMINAL PETITION NO.1576 OF 2025
Between:
Kaja Anusha Devi ...PETITIONER/ACCUSED
AND
The State of Andhra Pradesh ...RESPONDENT/COMPLAINANT
Counsel for the Petitioner/accused:
1. B V S CHALAPATI RAO
Counsel for the Respondent/complainant:
1. PUBLIC PROSECUTOR
The Court made the following ORDER:
This Criminal Petition, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioner/Accused, seeking anticipatory bail, in connection with Crime No.23 of 2025 of Nidadavole Town Police Station, East Godavari district, registered for the offences punishable under
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Sections 406, 420, 384 and 506 readwith 34 IPC and Section 66 of the Information Technology Act, 2000-2008.
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 offences alleged are 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 offences alleged are punishable with imprisonment of less than seven years.
4. Heard. Perused the material on record.
5. Since the offences alleged are 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,
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scrupulously, as per the guidelines enunciated 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 Dated:18.02.2025 Nsr
1 (2014) 8 SCC 273
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HON’BLE SRI JUSTICE K. SREENIVASA REDDY
Criminal Petition No.1576 of 2025
Dated:18.02.2025 Nsr