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2026 DAILYLAW 14555 (AP)

GANTA DINESH KUMAR v. The State of Andhra Pradesh

CRLP/96/2026 · 2026-01-07

Venkata Jyothirmai Pratapa

body2026

Judgment text

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APHC010007782026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 96/2026 Between: GANTA DINESH KUMAR, S/O. GANTA RAMANAIAH, AGED ABOUT 39 YEARS, R/O. D.NO.26-2-2929, MASEED STREET, 8TH CROSS ROAD, MAHATMA GANDHI NAGAR, ANDHRAKESARI NAGAR, NELLORE, SPSR NELLORE DISTRICT ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP. BY THE STATION HOUSE OFFICER, BADVEL POLICE STATION, YSR KADAPA DISTRICT, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, AMARAVATHI 2. U Y JAYARAMULU, S.L. OF POLICE, BADVEL POLICE STATION, YSR KADAPA DISTRICT ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1. CHERUVU CHAITANYA BHARGAVA SARMA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: ORDER: The instant Criminal Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by the Petitioner/Accused No.1, to quash the proceedings against him in Crime No.468 of 2025 of Badvel Police Station, YSR Kadapa District, for the offences punishable under Sections 114(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 3(1), 4(1), 5(1)(a) and 7(2)(a) of Immoral Trafficking (Prevention) Act. 2 2. When the matter is taken up for hearing, Sri Cheruvu Chaitanya Bhargava Sarma, learned counsel for the Petitioner would submit that the petition may be disposed of by giving protection to the Petitioner vide guidelines of the Hon’ble Apex Court in Arnesh Kumar v. State of Bihar1. 3. Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor, would submit that the offences registered against the Petitioner are punishable with imprisonment less than seven years and necessary direction may be given to the concerned Station House Officer. 4. Considering the submissions, the Criminal Petition is disposed of with the following; 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 Petitioner, concerned police authorities are directed to scrupulously follow the procedure prescribed under Section 35(3) of BNSS, which is pari materia to Section 41-A of the Code of Criminal Procedure, and the guidelines laid down by the Hon’ble Supreme Court in Arnesh Kumar’s case (supra). Pending applications, if any, shall stands closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:08.01.2026 Dinesh 1 (2014) 8 SCC 273 3 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.96 of 2026 Dt.08.01.2026 Dinesh