Andhra Pradesh High Court - Amravati
Magdum Khan @ Magdum Khan Raja vs The State Of Andhra Pradesh on 17 November, 2025
V
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT
MONDAY. THE SEVENTEENTH DAY OF NOVEMBER *
TWO THOUSAND AND TWENTY FIVE
:PRESENT:
v'*" _
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
lA No. 2 OF 2025
IN
CRLP NO: 11865 OF 2025
Between:
1. Magdum Khan @ Magdum Khan Raja, S/o. Ahmad Jani Khanm Aged
about 35 years, Occ Business, R/o. Door No. 12-18-122, Main Road.
Beside Vinayaka Temple, Tepalle Town and Mandal, BapatIa District-
522265
2. Ahmad Jani @ Ahammad Jani Khan, Aged about 70 years, Occ
Business.R/o. Door No. 12-18-122, Main Road, 'Seside Vinayaka
Temple, Tepalle Town and Mandal BapatIa District-522265
3. Shabbhnam Ahmad @ Shabnam Ahmamd, W/o. Ahammad Jani Khan,
Aged about 58 years, Occ Housewife, R/o. Door No. 12-18-122, Main
RoadBeside Vinayaka Terni^e, Tepalle Town and Mandal, BapatIa
District-522265
...Petitioners/Accused No.1 to 3
(Petitioner in CRLP 11865 OF 2025
on the file of High Court)
AND
1. The State of Andhra Pradesh, Rep.by Public Prosecutor, Velagapudi,
Amaravati, Guntur District
2. Shaik Jeenath Blianu @ Zeenath Khan, W/o Magdum Khan Raja.age
33 years, Occ Housewife, R/o H.No. 12-18-122, 6"^ Ward, Beside
Vinayaka Temple main Road, Repalle Town, BapatIa District- 522265.
Presently Residing at D.No.6-10-48/A,Srungarapuram Stree'flS*^ ward,
Bapatia Town, Bapatia District-522101^.
Contact No.9966799881
...Respondents
(Respondents in-do-)
Counsel for the Petitioner iSri.KALE VIJAYA RAJU
Counsel for the Respondent No.1: PUBLIC PROSECUTOR
Petition under Section 482 of Cr.P.C., U/Sec.528 of BNSS praying that
in the circumstances stated in the affidavit filed in support of the petition, the
High Court may be pleased to st^' of all proceedings in Cr. No. ISI^of 2025
on the file of Bapatta'Town Police Station, Bapatia District, Pending disposal
of CRLP No.11865 of 2025, on the file of the High Court.
The court while directing issue of notice to the Respondents herein
to show cause as to why this application should not be complied with, made
the following order.(The receipt of this order will be deemed to be the receipt
of notice in the case).
ORDER:
Heard learned counsel for the petitioners. Learned counsel for the petitioners would submit that the offences are punishable below seven years of imprisonment and a direction may be given to the Police to follow the guidelines issued by Hon'ble Apex Court in Arnesh Kumar v. State of Bihar reported in (2014) 8 SCC 273, since Section 35(3) of BNSS is pari materia to Section 41-A of the Code of Criminal Procedure."
Learned Assistant Public Prosecutor fairly conceded the same and would submit that a direction may be given to the Police to follow the procedure as established under Section 3^3) of BNSS Act since the offences are punishable with an imprisonment of below seven years.
In that view, the Police are directed to follow the guidelines issued by the Hon'ble Apex Court in Arnesh Kumar's case (supra) scrupulously.
Sd/- M.Prabhakara Rao, DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To,
1. The Station House Officer, Bapatia Town Police Station, BapatIa District
2. Shaik Jeenath Bhanu @ Zeenath Khan, W/o.Magdum Khan Raja, R/o H.No. 12-18-122, 6**^ Ward, Beside Vinayaka Temple main Road, Repalle Town, Bapatia District- 522265. Presently Residing at D.No.6- 10-48/A, Srungarapuram Street 15*^ ward, Bapatia Town, Bapatia District-522101.Contact No.9966799881 (by RPAD/Courier- along with a copy of petition and memorandum of grounds)
3. One CC to SRI. KALE VIJAYA RAJU Advocate [OPUC]
4. Two CCs to PUBLIC PROSECUTOR, High Court of A.P [OUT]
5. One spare copy HIGH COURT DR.VJP.J DATED:17/11/2025 List the matter on 08.01.2026 ORDER I.A.No.2 of 2025 IN CRLP.No.11865 of 2025 DIRECTION § I,! s