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2026 DAILYLAW 17007 (AP)

Nandigam Suresh Babu v. The State of Andhra Pradesh

CRLP/1144/2026 · 2026-02-10

Venkata Jyothirmai Pratapa

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010074292026 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) WEDNESDAY,THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION Between: 1. NANDIGAM SURESH BABU, EX YEARS,R/O. DOOR NO. 2 THULLURU MANDAL, GUNTUR DISTRICT 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR,HIGH COURT AT AMARAVATHI,THROUGH S.H.O, NALLAPADU PS,GUNTUR DISTRICT 2. A MADHU PAVAN, S/O. NOT KNOW TO THE PETITIONER,AGED ABOUT 38 YEARS, O/O. NALLAPADU P.S, GUNTUR,GUNTUR DISTRICT - 522034 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 call for the records in Crime No. 87 of 2026 dated 05.02.2026 on the file of Nal quash the same 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 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 1144/2026 NANDIGAM SURESH BABU, EX-MPS/O. LATE POUL, AGED 40 YEARS,R/O. DOOR NO. 2-5, UDDANDRAYUNIPALEM VILLAGE, THULLURU MANDAL, GUNTUR DISTRICT - 522503 ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR,HIGH COURT AT AMARAVATHI,THROUGH S.H.O, NALLAPADU PS,GUNTUR DISTRICT - 522239 A MADHU PAVAN, S/O. NOT KNOW TO THE PETITIONER,AGED ABOUT 38 YEARS, O/O. NALLAPADU P.S, GUNTUR,GUNTUR ...RESPONDENT/COMPLAINANT(S): 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 call for the records in Crime No. 87 of 2026 dated 05.02.2026 on the file of Nallapadu P.S., Guntur District and 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 the certified copy of FIR in IN THE HIGH COURT OF ANDHRA PRADESH [3396] WEDNESDAY,THE ELEVENTH DAY OF FEBRUARY THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA MPS/O. LATE POUL, AGED 40 5, UDDANDRAYUNIPALEM VILLAGE, ...PETITIONER/ACCUSED THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR,HIGH COURT AT AMARAVATHI,THROUGH S.H.O, A MADHU PAVAN, S/O. NOT KNOW TO THE PETITIONER,AGED ABOUT 38 YEARS, O/O. NALLAPADU P.S, GUNTUR,GUNTUR ...RESPONDENT/COMPLAINANT(S): 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 call for the records in Crime No. 87 lapadu P.S., Guntur District and 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 to dispense the certified copy of FIR in Crime No. 87 of 2026 dated 05.02.2026 on the file of Nallapadu P.S., Guntur District, pending disposal of the criminal petition, 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 grant stay of all further proceedings including arrest of the petitioners/accused No. 3 in Crime No. 87 of 2026 dated 05.02.2026 on the file of Nallapadu P.S., Guntur District, pending disposal of Criminal Petition, and to pass Counsel for the Petitioner/accused: 1. KOMMAREDDY DIVAKARA 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: 1144/2026 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 No.3, seeking quashment of the entire proceedings against him in the Crime No. 87 of 2026 for the offence under Sections 125, 126(2), 270, 292, 189 (2) read with 190 BNS & 32 PA-1861 on the file of Nallapadu Police Station, Guntur District. 2. Heard Sri Kommareddy Divakara Reddy, learned counsel for the petitioners and Mrs. 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. b. However, the police are directed not to take any coercive steps against the petitioner. It does not preclude the investigating agency in filing the report before the Court. c. In the event of any coercive action sought to be taken against the petitioner, concerned police authorities are further 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 Hon’ble Supreme Court in Arnesh Kumar’s case (supra). d. The Petitioner/Accused No.3 shall make himself available for investigation and shall cooperate with the investigating officer for further investigation 6. It goes without saying that, if any charge sheet is filed in the above crime, the petitioner is at liberty to challenge the charge sheet, if he feel aggrieved by the same. 7. Accordingly, the Criminal Petition is disposed of. Pending applications, if any, shall stands closed. __________________________________ DR.VENKATA JYOTHIRMAI PRATAPA, J Date: 11.02.2026 KKV THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 1144/2026 11.02.2026 KKV HIGH COURT OF ANDHRA PRADESH:: AMARAVATI MAIN CASE NO.: CRIMINAL REVISION CASE NO:1144 /2026 PROCEEDING SHEET Sl. No. Date ORDER OFFICE NOTE 11.02.2026 Dr.VJP,J I.A.No.1 of 2019 Heard For filing certified copy is hereby dispensed with. CRIMINAL REVISION CASE NO:1144 /2026 The Criminal Petition is Disposed of. (vide separate order) ________ Dr.VJP,J KKV