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2026 DAILYLAW 14633 (AP)

Malapati Srinivasulu alias Chakali Sreenivasulu v. The State of Andhra Pradesh

CRLP/172/2026 · 2026-01-07

Venkata Jyothirmai Pratapa

body2026

Judgment text

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APHC010011402026 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) THURSDAY,THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: Between: 1. MALAPATI SRINIVASULU ALIAS CHAKALI SREENIVASULU, S/O MALAPATI VEERANNA AGED ABOUT 48 YEARS,R/O HOUSE 1 912-2-62, RAJAKA NAGAR, ANANTAPUR. 2. SHAIK RAHAMTULLA ALIAS RAHMATHULLA, S/O SHAIK MOHAMMED RASOOL AGED ABOUT 47 YEARS,R/O 383, 6TH ROAD, INDIRA GANDHI NAGAR. ANANTAPUR. 3. CHINTHAKUNTA MADHUSUDHANA ALIAS MADHU, S/O SRINIVASACHARULUAGED ABOUT 50 YEARS,R/O HOUSE 6 LAKSHMI NAGAR,ANANTAPUR. 4. BINDELA SRIDEVI ALIAS SRIDEVI, W/O B. CHENNAREDDY AGED ABOUT 46 YEARS,R/O HOUSE 6/4 NAGAR,ANANTAPUR. 5. GOGULA KAILASH ALIAS KAILASH, S/O RADHA KRISHNAS/O RADHA KRISHNA ANANTAPUR. 6. CHINTA SOMASEKHARA REDDY ALIAS SOMASEKHAR REDDY, S/O VENKATA RAMANA REDDY AGED ABOUT 37 NAGAR, ANANTAPUR. 7. SHAIK SADIQ VALI ALIAS SADIQ, S/O SHAIK SYED SAAB AGED ABOUT 52 YEARS,R/O RUDRAMPETA, ANANTAPUR 8. MULLA MUNTAZ BEGUM ALIAS MUMTAZ, W/O MULLA SARVARBASHAAGED ABOUT 55 YEARS,R/O GULLZAR PETA, IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 172/2026 MALAPATI SRINIVASULU ALIAS CHAKALI SREENIVASULU, S/O MALAPATI VEERANNA AGED ABOUT 48 YEARS,R/O HOUSE 1 62, RAJAKA NAGAR, ANANTAPUR. SHAIK RAHAMTULLA ALIAS RAHMATHULLA, S/O SHAIK MOHAMMED RASOOL AGED ABOUT 47 YEARS,R/O HOUSE 4 383, 6TH ROAD, INDIRA GANDHI NAGAR. ANANTAPUR. CHINTHAKUNTA MADHUSUDHANA ALIAS MADHU, S/O SRINIVASACHARULUAGED ABOUT 50 YEARS,R/O HOUSE 6 LAKSHMI NAGAR,ANANTAPUR. BINDELA SRIDEVI ALIAS SRIDEVI, W/O B. CHENNAREDDY AGED EARS,R/O HOUSE 6/4-475, MARUTI NAGAR,ANANTAPUR. GOGULA KAILASH ALIAS KAILASH, S/O RADHA KRISHNAS/O RADHA KRISHNA -AGED ABOUT 19 YEARS,R/O HANUMAN, CHINTA SOMASEKHARA REDDY ALIAS SOMASEKHAR REDDY, S/O VENKATA RAMANA REDDY AGED ABOUT 37 YEARS,R/O KAMALA NAGAR, ANANTAPUR. SHAIK SADIQ VALI ALIAS SADIQ, S/O SHAIK SYED SAAB AGED ABOUT 52 YEARS,R/O RUDRAMPETA, ANANTAPUR MULLA MUNTAZ BEGUM ALIAS MUMTAZ, W/O MULLA SARVARBASHAAGED ABOUT 55 YEARS,R/O GULLZAR PETA, IN THE HIGH COURT OF ANDHRA PRADESH [3396] THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA MALAPATI SRINIVASULU ALIAS CHAKALI SREENIVASULU, S/O MALAPATI VEERANNA AGED ABOUT 48 YEARS,R/O HOUSE 1-3- SHAIK RAHAMTULLA ALIAS RAHMATHULLA, S/O SHAIK HOUSE 4-1- CHINTHAKUNTA MADHUSUDHANA ALIAS MADHU, S/O SRINIVASACHARULUAGED ABOUT 50 YEARS,R/O HOUSE 6-1-535, BINDELA SRIDEVI ALIAS SRIDEVI, W/O B. CHENNAREDDY AGED 475, MARUTI GOGULA KAILASH ALIAS KAILASH, S/O RADHA KRISHNAS/O AGED ABOUT 19 YEARS,R/O HANUMAN, CHINTA SOMASEKHARA REDDY ALIAS SOMASEKHAR REDDY, S/O YEARS,R/O KAMALA SHAIK SADIQ VALI ALIAS SADIQ, S/O SHAIK SYED SAAB AGED MULLA MUNTAZ BEGUM ALIAS MUMTAZ, W/O MULLA SARVARBASHAAGED ABOUT 55 YEARS,R/O GULLZAR PETA, ANANTAPUR ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTORHIGH COURT OF ANDHRA PRADESH, AT AMARAVATI.THROUGH SHO, ANANTAPUR II TOWN POLICE STATION 2. M SREEKANTH, INSPECTOR OF POLICE,ANANTAPUR II TOWN POLICE STATION ANANTAPUR DISTRICT. ...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 Memorandum of Grounds of Criminal Petition, the High Courtpleased to quash the Crime No. 278 of 2025 under Sections 126(2), 132, 223, 351(2) r/w 3(5) of BNS. on the file of Anantapur II Town Police Station against the Petitioners herein /Accused 9- 16 respectively being in abuse of process of law 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 dispense with filing of the original certified copy of Crime No. 278 of 2025 under Sections 126(2), 132, 223, 351 (2) r/w 3(5) of BNS before this Hon’ble Court and pass IA NO: 2 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 to grant stay all further proceedings in Crime No. 278 of 2025 under Sections 126(2), 132, 223, 351(2) r/w 3(5) of BNS on the file of Anantapur II Town Police Station against the Petitioners herein /Accused 9-16 respectively and pass Counsel for the Petitioner/accused(S): 1. MEDAPATI SANTOSH REDDY Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 172/2026 ORDER: The instant Criminal Petition, under Section 528 of B.N.S.S., 2023 (u/s.482 of the Code of Criminal Procedure, 1973) has been filed by the Petitioners/Accused Nos.9 to 16 respectively, seeking quashment of the entire proceedings against them in the Crime No. 278 of 2025 under Sections 126(2), 132, 223, 351(2) r/w 3(5) of BNS. on the file of Anantapur II Town Police Station. 2. Heard Sri Medapati Santosh Reddy, learned counsel for the petitioners and Ms. K.Priyanka Lakshmi learned Assistant Public Prosecutor representing the State. 3. Learned counsel for the petitioners would submit that the petition may be disposed of by giving protection to the petitioners vide guidelines of the Hon’ble Apex Court in Arnesh Kumar v. State of Bihar1. 4. Learned Assistant Public Prosecutor, on instructions, would submit that the offence registered against the petitioners is 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 a. Investigating Officer is at liberty to complete the investigation, in accordance with law and file final report upon completing investigation. 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, [41-A Cr.P.C.] and the guidelines laid down by the Hon’ble Supreme Court in Arnesh Kumar’s case (supra). 7. 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. 8. Accordingly, the Criminal Petition is disposed of. Pending applications, if any, shall stands closed. ______________________________________ Dr.VENKATA JYOTHIRMAI PRATAPA,J Date: 08.01.2026 KKV