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2026 DAILYLAW 11019 (AP)

SANKA HEMANTH KUMAR v. THE STATE OF ANDHRA PRADESH

CRLP/3052/2024 · 2026-09-15

Maheswara Rao Kuncheam

body2026

Judgment text

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APHC010198692024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE 16th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 3052 OF 2024 Between: 1. SANKA HEMANTH KUMAR, S/o. Subramanyam, aged 43 years, R/o. Sriram Nagar, Behind MGH Colony Gandhi Nagar, Chirala Town and Mandal, Prakasam District. 2. Sanka Subramanyam, S/o Subbaiah, aged 72 years, R/o. Sriram Nagar, Behind MGH Colony, Gandhi Nagar, Chirala Town and Mandal, Prakasam District. 3. Sanka Yasodha, W/o Subbaiah, aged 67 years, R/o. Sriram Nagar, Behind MGH Colony, Gandhi Nagar, Chirala Town and Mandal, Prakasam District. ...Petitioners AND 1. THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati. 2. Cheedella Punayavathi, W/o Koteswar Rao, Aged 52 years, Telia Gandhi Bomma, Santha Bazaar, Chirala Town, Prakasam 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 quash the entire proceedings in Crime 2 No. 363 of 2023 of Chirala I town Police Station, Prakasam District and to pass 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 grant stay of all furtherproceedings including arrest of the Petitioners in Crime No. 363 of 2023 of Chirala I town Police Station, Prakasam District, pending disposal of the main Criminal Petition and pass Counsel for the Petitioners: PETLURI NAGA RAJU Counsel for the Respondents: PUBLIC PROSECUTOR (AP) Counsel for the Respondents:PHANI KIRAN.M 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 3052 of 2024 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 A3 ), seeking to quash the proceedings in FIR in Crime No.363 of 2023 of Chirala I Town Police Station, Prakasam District for the offences punishable under sections 306, 34 of Indian Penal Code, 1860. 2. At the stage of admission, this Court has not granted interim stay in respect of investigation of the criminal case. 3. Learned Assistant Public Prosecutor appearing on behalf of respondent-State, basing on instructions, submits that the police have filed a charge sheet in FIR in Crime No.363 of 2023 of Chirala I Town Police Station, Prakasam 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 challenge the charge sheet, in accordance with the law, if so advised. 4 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: 16.09.2026 PVS 5 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 3052 of 2024 Date: 16.09.2026 PVS