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2026 DAILYLAW 8113 (AP)

KAMMA SIVA PRASAD v. THE STATE SUB INSPECTOR OF POLICE

CRLP/617/2024 · 2026-08-12

Maheswara Rao Kuncheam

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010050062024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE 13th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 617 OF 2024 Between: 1. KAMMA SIVA PRASAD, S /o Venkaiah, Age 50 Years, Occ Agriculture, R/o H.No. 9-105, Prathipadu Village and Mandal, Guntur District, Andhra Pradesh ...Petitioner AND 1. THE STATE SUB INSPECTOR OF POLICE, Prathipadu Police Station, Guntur District, Rep by Pablic Prosecutor, High Court of AP,Amaravati. 2. Billa Tirupathamma, W/o Nageswara Rao, (Defacto complainant) Age 55 Years, Occ Daily Wage Worker, R/o Prathipadu Village, Prathipadu Mandal, Guntur District ...Respondents 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 Court may be pleased to quash the FIR. No. 230 of 2023 of Prathipadu Police Station, Guntur District against the petitioner/Accused and to pass such 2 IA NO: 1 OF 2024 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 to dispense with filing of the original certified copy of FIR. No. 230 of 2023 of Prathipadu Police Station, Guntur District, Dt. 12.10.2023 and pass such IA NO: 2 OF 2024 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 to stay all proceedings against the petitioner/accused in connection with FIR.No. 230 of 2023 of Prathipadu Police Station, Guntur District including arrest of the petitioner/accused and to pass such Counsel for the Petitioner: D V SASIDHAR Counsel for the Respondents: PUBLIC PROSECUTOR (AP) 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 617 of 2024 The Court made the following Order: Instant Criminal Petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of the petitioner herein (Accused), seeking to quash the proceedings in FIR in Crime No.230 of 2023 of Prathipadu Police Station, Guntur District, for the offences punishable under Sections 506 and 509 of the Indian Penal Code, 1860. 2. At the stage of admission, this Court has not granted any interim order in the instant lis. 3. Learned Assistant Public Prosecutor appearing on behalf of respondent-State, basing on the written instructions, submits that the police have filed a charge sheet in FIR in Crime No.2309 of 2023 of Prathipadu Police Station, Guntur District, before the jurisdictional Magistrate. 4. At that juncture, learned counsel for the petitioner seeks permission of this Court to withdraw the present Criminal Petition with a liberty to challenge the charge sheet, in accordance with the law, if so advised. 4 5. Accordingly, the Criminal Petition is dismissed as withdrawn, by granting liberty to challenge the charge sheet, in accordance with the law. Interlocutory applications, if any, pending shall stand closed. ____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 13.08.2026 PSA 5 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 617 of 2024 Date: 13.08.2026 PSA