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2026 DAILYLAW 10072 (AP)

BOMMU PENCHALAIAH @ BOMMI PENCHALAIAH v. THE STATE OF ANDHRA PRADESH

CRLP/1043/2025 · 2026-09-14

Maheswara Rao Kuncheam

Public Interest Litigationbody2026

Judgment text

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APHC010049022025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE 15th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 1043 OF 2025 Between: 1. BOMMU PENCHALAIAH @ BOMMI PENCHALAIAH, S/o Mankaiah, aged about 41 years, R/o Arundathivada, Prabhagiripatnam, Podalakur, SPSR Nellore District. 2. Kasumuru Yahobu @ Kasurumu Yehova, S/o Seshaiah, aged about 30 years, R/o Prabhagiripatnam, Podalakur, SPSR Nellore District. 3. Pillipaka Penchala Prasad,, S/o Penchalaiah aged about 56 years, R/o 1-529, Prabhagiripatnam, SPSR Nellore District. 4. Pillipaka Srinivasulu,, S/o Penchalaiah, aged about 43 years,R/o Prabhagiripatnam, Podalakur, SPSR Nellore District 5. Bommi Janu @ Penchalaiah,, s/o Chinnaiah aged about 31 years, R/o Prabhagiripatnam, Podalakur, SPSR Nellore District. 6. Suripaka Prasad,, S/o Penchalaiah, aged about 39 years, R/o Prabhagiripatnam, Podalakur, SPSR Nellore District. 2 7. Chatila Naresh,, S/o Ramanaiah, aged about 31 years, R/o Prabhagiripatnam Podalakur, SPSR Nellore District. 8. Bodeddula Nagesh @ Naveen, , S/o Bujjaiah, aged about 24 years, R/o Prabhagiripatnam, Podalakur, SPSR Nellore District. 9. Bommu Srinivasulu @ Srinu,, Aged about 40 years, R/o Prabhagiripatnam Podalakur, SPSR Nellore District. 10. Rokkarokkala Umapathi,, S/o Kontaiah, aged about 58 years, R/o Prabhagiripatnam, Podalakur, SPSR Nellore District. 11. Mamuduru Venkateswarlu,, S/o Mangayya, aged about 30 years, R/o Prabhagiripatnam, Podalakur, SPSR Nellore District. 12. Pillipaka Tirupataiah,, S/o Chinaravayya, aged about 35 years, R/o Prabhagiripatnam, Podalakur, SPSR Nellore District 13. Bodeddula Anandh,, S/o Penchalaiah, aged about 38 years, R/o Prabhagiripatnam Podalakur, SPSR Nellore District. ...Petitioners AND 1. THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor High Court of Andhra Pradesh at Amaravati Through its SHO, Podalakur PS, SPSR Nellore District 3 2. Somavarapu Venkateswarlu, S/o. Tirupataiah, Aged about 39 years, R/o.Arundathivada Village, Prabagiri Patnam Village, SPSR Nellore District. ...Respondents Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtmay be pleased to to quash the FIR No.7 of 2025 of Podalakur Police Station, SPSR Nellore District registered against the petitioners /accused No. 1 to 13 IA NO: 1 OF 2025 Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to dispense with filing of the original certified copy of FIR No.7 of 2025, dated on the file of Podalakur Police Station, SPSR Nellore District before this Hon’ble Court and pass IA NO: 2 OF 2025 Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to 4 stay all further proceedings including arrest of the petitioner in respect of FIR No.7 of 2025 of Podalakur Police Station, SPSR Nellore District and pass Counsel for the Petitioners: MEDAPATI SANTOSH REDDY Counsel for the Respondents: PUBLIC PROSECUTOR 5 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 1043 of 2025 The Court made the following Order: Instant Criminal Petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of the petitioners herein (A1 to A13), seeking to quash the proceedings in FIR in Crime No.7 of 2025 of Podalakur Police Station, SPSR Nellore District, for the offences punishable under Sections 333 and 118(1) read with & 3(5) of the Bharatiya Nyaya Sanhita, 2023. 2. At the stage of admission, this Court has not granted any interim order in the instant lis. 3. Learned Assistant Public Prosecutor appearing on behalf of respondent-State, basing on the written instructions, submits that the police have filed a charge sheet in FIR in Crime No.7 of 2025 of Podalakur Police Station, SPSR Nellore District, before the jurisdictional Magistrate. 4. At that juncture, learned counsel for the petitioners seeks permission of this Court to withdraw the present Criminal Petition 6 with a liberty to challenge the charge sheet, in accordance with the law, if so advised. 5. Accordingly, the Criminal Petition is dismissed as withdrawn, by granting liberty to pursue legal remedies, in accordance with the law. Interlocutory applications, if any, pending shall stand closed. ____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 15.09.2026 PSA 7 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 1043 of 2025 Date: 15.09.2026 PSA