DASARI PAVAN KUMAR v. THE STATE OF ANDHRA PRADESH
Court: High Court of Andhra Pradesh
Bench: V.SUJATHA
Judgment date:
Case summary
High Court of Andhra Pradesh judgment dated 2025-01-31. DASARI PAVAN KUMAR v. THE STATE OF ANDHRA PRADESH. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI FRIDAY, THE THIRTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V. SUJATHA CRIMINAL PETITION NO: 920 OF 2025 Between: 1. R/o D. No. Dasari Pavan Kumar, S/o Ramanaiah, Aged about 46 years, 7-1-35/4, Induri vari Street, Sankala Vari Thota, Kavali Town, SPSR Nellore District, Andhra Pradesh-524201. 2. Dasari Rajani, W/o Dasari Pavan Kumar, Aged about 32 years, R/o Andhra Pradesh- Dudekulapalem village, Kavali Bit-11, Kavali, Nellore 524201 ... PETITIONERS/A1 & A2 AND 1. The State Of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh, At Amaravati. 2. Shaik Khasim,, S/o Ali Sahib, Aged about 39 years, Dudekulapalem village, Kavali Mandal, SPSR Nellore District ... RESPONDENTS/COMPLAINANT Petition under Old Section 482 of Cr. P. C. and New Sec.
528 of in the Memorandum of BNSS Act, praying that in the circumstances stated Grounds of Criminal Petition, the High Court may be pleased to quash the Police Station, SPSR FIR. No. 195 of 2024 on the file of the Kavali Rural of justice. Nellore District, in so far A1 and A2, in the interest I. A. NO: 2 OF 2025 528 of Petition under Old Section 482 of Cr. P. C. and New Sec. in the Memorandum of BNSS Act, praying that in the circumstances stated Grounds of Criminal Petition, the High Court may be pleased may be 195 of 2024 on the file pleased to stay of all further proceedings in FIR. No. including the of the Kavali Rural Police Station, SPSR Nellore District, of justice. arrest of the petitioners/AI & A2, in the interest the Memorandum This Petition coming on for hearing, upon perusing of Grounds of Criminal Petition and upon hearing the arguments of Sri Y. L. the Public SIVA KALPANA REDDY, Advocate for the Petitioner and Prosecutor on behalf of the Respondent No. 1.
The Court made the following; ORDER APHC010041692025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3333] (Special Original Jurisdiction) FRIDAY, THE THIRTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V. SUJATHA HRIMINAL PETITION NO: 920/2025 Between; ... PETITIONER/ACCUSED{S) Dasari Pavan Kumar and Others AND ... RESPONDENT/COMPLAINANT(S) The State of Andhra Pradesh and Others Counsel for the Petitioner/accused(S); 1 . Y L SIVA KALPANA REDDY Counsel for the Respondent/coniplainant(S): 1. PUBLIC PROSECUTOR The Court made the following: — ORDER: herein under This Criminal Petition is filed by the petitioners Crime Section 482 of Cr. P. C.. to quash the proceedings in No. 195 of 2024 of Kavali Rural Police Station, SPSR Nellore 420 District registered for the offences punishable under Section read with 34 IPC. counsel for the petitioners and learned 2. Heard learned for the respondent Assistant Public Prosecutor appearing No. 1/State.
that the 3. Learned counsel for the petitioners would submit be disposed of by giving protection to the petitioners petition may of the Hon’ble Apex Court in Arnesh Kumar v. vide guidelines Sfafe ofBihar\ instructions would 4. Learned Assistant Public Prosecutor on petitioners submit that all the offences registered against the herein are punishable with less than seven (07) years period of direction may be given to the imprisonment and necessary concerned Station House Officer. 1 (2014) 8 see 273 <35, 5. Considering the submissions, this Criminal Petition is disposed of with the following directions: 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 petitioners, the concerned police authorities are directed to scrupulously follow the procedure as contemplated under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 corresponding to Section 41A Cr. P. C.
, scrupulously as per the guidelines enunciated in Arnesh Kumar’s case (supra). 6. 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 feels aggrieved by the same. 7. Accordingly, the Criminal Petition is disposed of. As a sequel, interlocutory applications pending, if any, shall stand closed. Sd/-B PRASADA RAO assistant registrar \ //TRUE COPY// I SECTION OFFICER To, , Kavali Rural Police Station, SPSR 1 The Station House Officer Nellore District, Kalpana Reddy, Advocate [OPUC] 2. One CC to Sri Y. L. Siva Prosecutor, High Court of A. P. , [OUT] 3. Two CC copies to the Public 4. Three CD Copies SRm vna HIGH COURT DATED: 31/01/2025 ORDER CRLP. No. 920 of 2025 S 1 2 FEB 2C? 5 Current Section -rrr-^ DISPOSING OF THE CRL. P.
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