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2026 DAILYLAW 14373 (AP)

Bhupathi Suresh v. The State of Andhra Pradesh

CRLP/71/2026 · 2026-01-06

Venkata Jyothirmai Pratapa

body2026

Judgment text

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APHC010004092026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY, THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 71/2026 Between: 1. BHUPATHI SURESH, S/O B. NARAYANA RAO, AGED 38 YEARS,R/O TALLABURIDI VILLAGE POST,PARVATLIIPURAM MANDAL, MANYAM DISTRICT.PIN. 535527. 2. BHUPATLII NARAYANA RAO, S/O B. NEELAM NAIDII, AGED 60 YEARS,R/O TALLABURIDI VILLAGE POST,PARVATHIPURAM MANDAL, MANYAM DISTRICT.PIN. 535527. 3. BHUPATHI LAKSHMI, W/O B. NARAYANA RAO, AGED 55 YEARS,R/O TALLABURIDI VILLAGE POST,PARVATHIPURAM MANDAL, MANYAM DISTRICT.PIN. 535527. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT BUILDINGS, AMARAVATI,THROUGH STATION HOUSE OFFICER,MAKKUVA POLICE STATION,PARVATHIPURAM MANDAL. 2. BHUPATHI GAYATHRI, W/O B. SURESH, AGED 25 YEARS,R/O TALLABURIDI VILLAGE POST,PARVATHIPURAM MANDAL, MANYAM DISTRICT.PIN. 535527. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused(S): 1. BONU RAMA SHANKAR RAO 2 Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 71/2026 ORDER: The instant Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 (for short 8Cr.P.C)/under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 8BNSS9) has been filed by the Petitioners/Accused Nos.1 to 3, seeking quashment of the proceedings pending against them in Crime No.92 of 2025 on the file of Makkuva Police Station, Parvathipuram, registered for the offences punishable under Sections 85 of BNS and 3 & 4 of Dowry Prohibition Act. 2. Heard Sri Bonu Rama Shankar Rao, learned Counsel for the Petitioners and Mrs.K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. 3. Learned counsel for the Petitioners would submit that the petition may be disposed of by giving protection to the Petitioner vide guidelines of the Hon9ble Apex Court in Arnesh Kumar v. State of Bihar1. 4. Learned Assistant Public Prosecutor, on instructions, would submit that the offences registered against the Petitioners are punishable with less than seven years period of imprisonment and necessary direction may be given to the concerned Station House Officer. 5. Considering the submissions, this Criminal petition is disposed of with the following; 1 (2014) 8 SCC 273 4 a. Investigating Officer is at liberty to complete the investigation, in accordance with law. b. In the event of any coercive action sought to be taken against the Petitioners, concerned police authorities are directed to scrupulously follow the procedure prescribed under Section 35 (3) of BNSS., [Section 41-A Cr.P.C] and the guidelines laid down by the Hon9ble Supreme Court in Arnesh Kumar’s case (supra). 6. It goes without saying that, if any charge sheet is filed in the above crime, the Petitioners are at liberty to challenge the charge sheet, if they feel aggrieved by the same. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 07.01.2026. UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 71/2026 Dated.07.01.2026 UPS