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2026 DAILYLAW 10916 (AP)

K JAYAPRASAD v. THE STATE OF ANDHRA PRADESH

CRLP/5440/2025 · 2026-09-16

Maheswara Rao Kuncheam

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010251982025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] THURSDAY, THE 17th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 5440/2025 Between: 1. K JAYAPRASAD, S/O K.SATYA NARAYANA, AGED ABOUT 68 YEARS, R/O D.NO.2-34, BOBBARLANKA, TCHODAYAPALEM (POST), REPALLE MANDAL, GUNTUR DISTRICT, NOW BAPATLA DISTRICT - 522264. 2. K. BALAJI @ BALAKRISHNA, S/O JAYAPRASAD, AGED ABOUT 40 YEARS, R/O D.NO.2-34, BOBBARLANKA, TCHODAYAPALEM (POST), REPALLE MANDAL, GUNTUR DISTRICT, NOW BAPATIA DISTRICT - 522264. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH 2. SAILAJA KODALI, W/O BASAVA RAO, AGED ABOUT 53 YEARS R/O D.N0.3-14A, BOBBARLANKA, TCHODAYAPALEM POST, REPALLE MANDAL, BAPATLA DISTRICT - 522264 (DE-FACTO COMPLAINANT) ...RESPONDENT/COMPLAINANT(S): Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the 2 Memorandum of Grounds of Criminal Petition, the High Courtmay be pleased to Quash the FIR in Cr.No.59/2024 of Tsodayapalem PS., Bapatia District against the Petitioners/Accused No.1 & 2 for the offence punishable U/s 118 (1), 79, 351 (2) r/w 3 (5) of BNS Act 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 pleased to stay all further proceedings including the appearance of the Petitioners/ Accused No.1 & 2 in connection with Cr.No.59/2024 of Tsodayapalem PS., Bapatla District for the offence punishable U/s 118 (1), 79, 351 (2) r/w 3 (5) of BNS Act and to pass Counsel for the Petitioner/accused(S): 1. A RAJENDRA BABU Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 5440 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 and A2), seeking to quash the proceedings in FIR in Crime No.59 of 2024 of T.Sodayapalem Police Station, Bapatla District, for the offences punishable under Sections 118(1), 79 and 351(2) r/w 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. 59 of 2024 of T.Sodayapalem Police Station, Bapatla 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 4 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: 17.09.2026 vnb 5 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 5440 of 2025 Date: 17.09.2026 vnb