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2025 DAILYLAW 8443 (AP)

PULIVENDULA RAMANJANEYA REDDY v. THE STATE OF ANDHRA PRADESH

CRLP/1924/2025 · 2025-02-21

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY THE TWENTY FIRST DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 1924 OF 2025 Between: 1. Pulivendula Ramanjaneya Reddy, S/o.P.Malla Reddy Aged about 45 years. 2. Pulivendula Anantha Prasad Reddy,, S/o.P.Malla Reddy Aged about 44 years. Both are R/o.Rajula Guravayipalli Village, Muddanuru Mandal Kadapa District. ...PETITIONERS/ACCUSED No.1 & 2 AND The State Of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati. ...RESPONDENT/COMPLAINANT Chinta Sudha Madhuri,, W/o.C.Veera Prathap Reddy, Aged about 40 years, R/o.Kavali Town, SPSR Nellore District. ...RESPONDENT/DEFACTO/COMPLAINANTS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to Quash the Proceedings in Crime No.85 of 2025 of Pulivendula U/G Police Station, Kadapa District Petition under Section 528of BNSS I.A. NO: 1 OF 2025 Petition under Section 528 of BNSS praying that in the ^,circu4stances stated in the Memorandum of Grounds of Criminal Petition the High Court may be pleased to dispense with the filing of the Certified copy of FIR in Crime No.85 of 2025 of Pulivendula U/G Police Station, Kadapa District I.A. NO: 2 OF 2025 Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition the High Court may be pleased to stay all and further proceedings in Crime No.85 of 2025 of Pulivendula U/G Police station Kadapa District, including Arrest of the Petitioners/Accused No.1 and 2, pending disposal of the quash petition This Petition coming on for hearing upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Harinadh Nidamanuri Advocate for the Petitioner and the Public Prosecutor (AP) on behalf of the Respondent The Court made the following ORDER : APHC010090192025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY ,THE TWENTY FIRST DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 1924 OF 2025 Between: Pulivendula Ramanjaneya Reddy and Others ...PETITIONER/ACCUSED(S ) AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused(S): 1.HARINADH NIDAMANURI 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 The Bharatiya Nagarik Suraksha Sanhita, 2023 (in short ‘BNSS’), by the Petitioners/Accused No.1 and 2, to quash the proceedings in Crime No.85 of 2025 of Pulivendula U/G Police Station, Kadapa District, for the offence punishable under Section 118(1) read with 3(5) of The Bharatiya Nyaya Sanhita, 2023 (in short ‘BNS’). 2. Heard Sri N. Harinadh, learned counsel for the petitioners and Ms. Priyanka Lakshmi, learned Assistant Public Prosecutor representing the State. 3. Learned counsel for the petitioners would submit that the petition may be disposed of by giving protection to the petitioner vide guidelines of the Hon’ble Apex Court in Arnesh Kumar v. State of Bihar\ 4. Learned Assistant Public Prosecutor, on instructions, would submit that the offences registered against the petitioners are punishablewith 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 41-A Cr.P.C, since Section 35(3) of BNSS is pari materia to Section 41-A of the Code of Criminal Procedure and the 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 he feels aggrieved by the same. 7. Accordingly, the Criminal Petition is disposed of. (2014) 8 see 273 Pending applications, if any, shall stands closed. SD/- SK.MOHAMMED RAFI ASSISTANT REGISTRAR //TRUE COPY// SECTTON OFFICER To, 1. The Station House Officer Pulivendula U/G Police station Kadapa District 2. One CC to Sri. Harinadh Nidamanuri Advocate [OPUC] 3. Two CCs to the Public Prosecutor, High Court of AP at Amaravathi [OUT] 4. THREE CD COPIES TAC HIGH COURT DATED :21/02/2025 ORDER CRLP.No.1924 of 2025 cT 15 MAR 2025 /a: Current ^Uon DISPOSING THE CRLP