Research › Search › Judgment

High Court of Andhra Pradesh · body

2026 DAILYLAW 10151 (AP)

PITTA MOHAN KUMAR v. THE STATE OF ANDHRA PRADESH

CRLP/3164/2024 · 2026-09-14

Maheswara Rao Kuncheam

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010209502024 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: 3164 OF 2024 Between: 1. PITTA MOHAN KUMAR, S/o. Pitta Krishna Rao, Aged 41 years, Occ- Outsourcing Non-PH Worker, Tank Operator - 1st Ward, APCOS ID. 204161647 Sunkaravari Thota - 1, Grama Sachivalayam, Municipal Administration Dept., R/o. H.N0.3A-11- 31/1, Nallamandu Sandu, Near Kanyakaparameshwari Sathram, Eluru, Eluru District, Andhra Pradesh - 534 001. ...Petitioner AND 1. THE STATE OF ANDHRA PRADESH, Through the Station House Officer, Eluru III Town Police Station, Eluru District Rep. by Public Prosecutor, High Court of Andhra Pradesh At Amaravati 2. G Chandraaiah, S/o. Narasimhulu, aged 61 years, Occ- Commissioner In-Charge of the Municipal Corporation, Eluru, Eluru District, Andhra Pradesh. ...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 quash the FIR in Crime No. 122 of 2024, dated 27.03.2024 of Eluru III Town Police Station, Eluru District and to pass 2 IA NO: 1 OF 2024 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 may be pleased to direct the Respondent Police to follow the procedure contemplated in Section 41-A of Cr.P.C. and the guidelines framed by the Supreme Court in Arnesh Kumar Case insofar as the petitioners herein are concerned in connection with the Crime No. 122 of 2024 dated 27.03.2024 of Eluru III Town Police Station, Eluru District pending disposal of the criminal petition and to pass IA NO: 2 OF 2024 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 may be pleased to stay all further proceedings in Crime No. 122 of 2024 dated 27.03.2024 of Eluru III Town Police Station, Eluru District, including arrest of the petitioner/Accused No.2 pending disposal of the Criminal Petition and to pass IA NO: 3 OF 2024 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 may be pleased to dispense with filing of certified copy of the proceedings in Crime No. 122 of 2024 on the file of Eluru III Town Police Station, Eluru District in the interest of justice and pass Counsel for the Petitioner: ANCHA PANDURANGA RAO Counsel for the Respondents: PUBLIC PROSECUTOR (AP) Counsel for the Respondents:THAMBI PRATTIPATI 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 3164 of 2024 The Court made the following Order: Instant Criminal Petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 482 Cr.P.C.), has been filed on behalf of the petitioner herein (A2), seeking to quash the proceedings in FIR in Crime No.122 of 2024 of Eluru III Town Police Station, Eluru District, for the offences punishable under Section 188 read with 34 of the Indian Penal Code, 1860. 2. Learned Assistant Public Prosecutor, basing on the written instructions, submits that, pending the Criminal Petition, police filed charge sheet in Crime No.122 of 2024 of Eluru III Town Police Station, Eluru District and the same was numbered as CC No.6 of 2026 on the file of the Court of I Special Judicial Magistrate of Second Class, Eluru and in the said Calendar Case, the petitioners got acquitted vide Judgment dated 25.06.2026. He also furnished a copy of said Judgment. 3. Copy of the Judgment dated 25.06.2026 in CC No.6 of 2026 on the file of I Special Judicial Magistrate of Second Class, Eluru is made part of record. 4 4. Learned counsel for the petitioner has not disputed the submission of learned Assistant Public Prosecutor. 5. Accordingly, the Criminal Petition is closed. Interlocutory applications, if any, pending shall stand closed. ____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 15.09.2026 PSA 5 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 3164 of 2024 Date: 15.09.2026 PSA