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2025 DAILYLAW 8938 (AP)

VAKATI SRINIVASULU REDDY v. THE STATE OF ANDHRA PRADESH

CRLP/2054/2025 · 2025-03-07

T Mallikarjuna Rao

body2025

Judgment text

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APHC010098172025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3369] FRIDAY, THE SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL PETITION NO: 2054/2025 Between: Vakati Srinivasulu Reddy ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. D KODANDARAMI REDDY Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following Order:- This Criminal Petition under Section 482 of B.N.S.S., is filed by the petitioner herein/A3 seeking to grant anticipatory bail in Crime No.24 of 2025 of Podalakur Police Station, Sri Potti Sriramulu Nellore District, registered for the offences punishable under Sections 447, 427 and 379 read with 34 IPC and Section 3 of the Prevention of Damage to Public Property Act, 1984 and Sections 21(1) and 21(4) of the Mines and Minerals (Development and Regulation Act). 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. 2 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, 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. Miscellaneous applications pending, if any, shall stand closed. _____________________________ JUSTICE T.MALLIKARJUNA RAO Date: 07.03.2025 ASR 1 (2014) 8 SCC 273 3 THE HON’BLE SRI JUSTICE T.MALLIKARJUNA RAO Criminal Petition No.2054 of 2025 Date: 07.03.2025 ASR