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2026 DAILYLAW 28197 (AP)

Banka Vijay v. The State of Andhra Pradesh

CRLP/25/2026 · 2026-01-05

Venkata Jyothirmai Pratapa

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010722652025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) TUESDAY,THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: Between: 1. BANKA VIJAY, S/O JAYANANA KUMAR,AGED ABOUT 38 YEARS,R/O D.NO. 1 DISTRICT. 1. THE STATE OF ANDHRA PRADESH, ARDHAVEEDU P.S., PRAKASAM DISTRICTTHROUGH PUBLIC COURT OF ANDHRA PRADESH AT AMARAVATI. 2. PARIMI LAKSHMI NARAYANA, S/O BASAVAIAH, AGED ABOUT 56 YEARS,R/O DREAM VALLY, MANDUVAVARIPALEM VILLAGE,ONGOLE MANDAL, PRAKASAM DISTRICT. Petition under Section 437/4 praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtpleased to quash the proceedings in FIR No. 110 of 2025 of Ardhaveedu Police Station, Prakasam District, dat 2025 against petitioner/Accused No. 3 and to pass such other order or orders as this Honble Court may deem fit and proper in the facts and circumstances of the case. IA NO: 1 OF 2026 Petition under Section 482 of Cr.P.C and 528 of BNSS pray circumstances stated in the Memorandum of Grounds of Criminal Petition,the IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 25/2026 BANKA VIJAY, S/O JAYANANA KUMAR,AGED ABOUT 38 YEARS,R/O D.NO. 1-339, CHRISTLANPET,GURAZALA, PALNADU ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, ARDHAVEEDU P.S., PRAKASAM DISTRICTTHROUGH PUBLIC PROSECUTOR,HIGH COURT OF ANDHRA PRADESH AT AMARAVATI. PARIMI LAKSHMI NARAYANA, S/O BASAVAIAH, AGED ABOUT 56 YEARS,R/O DREAM VALLY, MANDUVAVARIPALEM VILLAGE,ONGOLE MANDAL, PRAKASAM 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 proceedings in FIR No. 110 of 2025 of Ardhaveedu Police Station, Prakasam District, dat 2025 against petitioner/Accused No. 3 and to pass such other order or orders as this Honble Court may deem fit and proper in the facts 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 IN THE HIGH COURT OF ANDHRA PRADESH [3396] THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA BANKA VIJAY, S/O JAYANANA KUMAR,AGED ABOUT 38 339, CHRISTLANPET,GURAZALA, PALNADU ...PETITIONER/ACCUSED THE STATE OF ANDHRA PRADESH, ARDHAVEEDU P.S., PROSECUTOR,HIGH PARIMI LAKSHMI NARAYANA, S/O BASAVAIAH, AGED ABOUT 56 YEARS,R/O DREAM VALLY, MANDUVAVARIPALEM ...RESPONDENT/COMPLAINANT(S): 38/439/482 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 proceedings in FIR No. 110 of 2025 of Ardhaveedu Police Station, Prakasam District, dated 14-12- 2025 against petitioner/Accused No. 3 and to pass such other order or orders as this Honble Court may deem fit and proper in the facts and ing that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased pleased to dispense with the filing of the certified copy of FIR No. 110 of 2025 of Ardhaveedu Police Station, Prakasam District, dated 14-12- 2025 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 stay all further proceedings including the arrest of the Petitioner/Accused No. 3 in FIR No. 110 of 2025 of Ardhaveedu Police Station, Prakasam District, dated 14-12-2025 and pass Counsel for the Petitioner/accused: 1. VENKATA DURGA RAO ANANTHA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 25/2026 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 Petitioner/Accused No.3, seeking quashment of the entire proceedings against him in the in FIR No. 110 of 2025 of Ardhaveedu Police Station, Prakasam District, dated 14-12-2025. 2. Heard Sri Venkata Durga Rao Anantha, learned counsel for the petitioner 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 petitioner 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 petitioner 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 petitioner, 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 petitioner is 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: 06.01.2026 KKV HON’BLE Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA 43 CRIMINAL PETITION NO: 25/2026 Dt. 06.01.2026 KKV HIGH COURT OF ANDHRA PRADESH:: AMARAVATI MAIN CASE NO.: CRIMINAL PETITION NO: 25/2026 PROCEEDING SHEET Sl. No. Date ORDER OFFICE NOTE 1 06.01.2026 Dr.VJP,J The Criminal Petition is disposed of. (Vide separate order) ________ Dr.VJP, J KKV .