Andhra Pradesh High Court - Amravati
Satupadi Edukondalu Wrongly Mentioned ... vs The State Of Andhra Pradesh on 11 July, 2025
APHC010346812025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3457]
(Special Original Jurisdiction)
FRIDAY,THE ELEVENTH DAY OF JULY
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE HARINATH.N
CRIMINAL PETITION NO: 7201/2025
Between:
1. SATUPADI EDUKONDALU (WRONGLY MENTIONED AS SRI BALAJI
DEVELOPERS), S/O NAGAYYA, AGED ABOUT 48 YEARS, R/O
NO.26-20-68, SHANTHI NAGAR, LINE, NEAR POLERAMMA
TEMPLE, GUNTUR DISTRICT.
...PETITIONER/ACCUSED
AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC
PROSECUTOR HIGH COURT OF ANDHRA PRADESH AT
AMARAVATI.
2. M/S HANISHA INFRA, REP. BY ITS MANAGING PARTNER MEER
MASOOD ALI S/O. MEHMOOD ALI. R/O. DO. NO. 55-43-44, FLAT
NO. 102, SAI MAHARAJA ENCLAVE DOCTORS COLONY,
SEETHAMMADHARA, VISHAKHAPATNAM.
...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 CRIME. No. 95 of 2025 dated; 24-06-2025 on file of Phirangipuram P.S, Guntur, in C.F.R NO. 2626 OF 2024 Dated: 28-10- 2024 ON THE FILE OF II ADDITIONAL MUNCIF MAGISTRATE, NARASRAOPET, GUNTUR DISTRICT, for alleged offence under Sections 316(2), 318(2), 336(2), 351(2) r/w 3(5). BNS, 2 IA NO: 1 OF 2025 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 CRIME. No. 95 of 2025 dated: 24-06-2025 on file of Phirangipuram P.S, Guntur, in C.F.R NO. 2626 OF 2024 Dated: 28- 10-2024 ON THE FILE OF II ADDITIONAL MUNCIF MAGISTRATE, NARASRAOPET, GUNTUR DISTRICT, for alleged offence under Sections 316(2), 318(2), 336(2), 351(2) r/w 3(5) BNS IA NO: 2 OF 2025 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 of all further proceedings in CRIME. No. 95 of 2025 dated: 24-06-2025 on file of Phirangipuram P.S, Guntur, in C.F.R NO. 2626 OF 2024 Dated: 28-10-2024 ON THE FILE OF II ADDITIONAL MUNCIF MAGISTRATE, NARASRAOPET, GUNTUR DISTRICT, for alleged offence under Sections 316(2), 318(2), 336(2), 351(2) r/w 3(5) BNS pending disposal of the quash petition Counsel for the Petitioner/accused:
1. CHALLA AJAY KUMAR Counsel for the Respondent/complainant(S):
1. PUBLIC PROSECUTOR 3 The Court made the following Order:
The petitioner is arrayed as accused No.4 in Crime No.95 of 2025, of Phirangipuram Police Station, Guntur district, for alleged offences under Sections 316(2), 318(2), 336(2), 351(2) read with 3(5) of BNS.
2. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor appearing for the State.
3. Though the learned counsel for the petitioner filed this petition seeking the quashing of the FIR, he has, however, restricted the relief to the extent of directing the Investigating Officer to follow the procedure prescribed under Section 35(3) of the BNSS, and the guidelines prescribed by the Apex Court in Arnesh Kumar v. State of Bihar1.
4. The learned Assistant Public Prosecutor stated that he has no objection to give such a direction.
5. The criminal petition is disposed of by directing the Station House Officer, Phirangipuram Police Station, Guntur district, to follow the procedure as contemplated under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, "BNSS") in so far as the petitioner is concerned.
6. As a sequel, pending miscellaneous petitions, if any, shall stand closed.
______________________ JUSTICE HARINATH.N Date : 11.07.2025 BMS 1 (2014) 8 SCC 273