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2026 DAILYLAW 10815 (AP)

Gandreti Appanna v. The State of Andhra Pradesh

CRLP/1384/2026 · 2026-09-14

Maheswara Rao Kuncheam

Transfer Petitionbody2026

Judgment text

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APHC010090252026 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: 1384 OF 2026 Between: 1. Gandreti Appanna, S/o. Modayya, Aged about 70 years,R/o.Modavalasa Village 8 Post, Denkada Mandal,Vizianagaram District. 2. Gandreti Ganesh, S/o. Appanna, Aged about 43 years,R/o.Modavalasa Village Post, Denkada Mandal,Vizianagaram District. ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by itsPublic Prosecutor, High Court of AndhraPradesh at Amaravathi, Nelapadu, GunturDistrict. 2. Victim Girl, Victim Girl ...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 Courtpleased to quash the proceedings in FIR.No. 20 of 2026 on the file of Denkada Police Station, Vizianagaram District in so far as the Petitioners/A2 and A3 concerned and pass IA NO: 1 OF 2026 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 pleased to grant stay of all further proceedings in FlR.No. 20 of 2026 on the file of Denkada Police Station, Vizianagaram 2 District including arrest of the Petitioners, pending disposal of the Criminal Petition and pass Counsel for the Petitioners: P DURGA PRASAD Counsel for the Respondents: PUBLIC PROSECUTOR 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 1384 of 2026 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 petitioners herein (A2 to A3), seeking to quash the proceedings in FIR in Crime No.20 of 2026 of Denkada Police Station, Vizianagaram District, for the offences punishable under Sections 6 read with 5(I), 17 POCSO Act 2012, 64(2), 308(2), 351(2) read with 3(5) BNS, 9, 10, 11(1) PCMA. 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.20 of 2026 of Denkada Police Station, Vizianagaram 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 with a liberty to workout legal remedies, in accordance with the law, if so advised. 5. Accordingly, the Criminal Petition is dismissed as withdrawn, by granting liberty to workout legal remedies, in accordance with the law. Interlocutory applications, if any, pending shall stand closed. ____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 15.09.2026 KKN 4 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 1384 of 2026 Date: 15.09.2026 KKN