Andhra Pradesh High Court - Amravati
Sarojamma @ Orvakanti Kammara ... vs The State Of Andhra Pradesh on 7 November, 2025
APHC010601192025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3396]
(Special Original Jurisdiction)
FRIDAY,THE SEVENTH DAY OF NOVEMBER
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
CRIMINAL PETITION NO: 11603/2025
Between:
1. SAROJAMMA @ ORVAKANTI KAMMARA SAROJAMMA,, W/O.
ORVAKANTI KAMMARA RAMANJINEYULU ACHARI, AGED
ABOUT 50 YEARS, R/O.H.NO.1-319, NANDAVARAM,
BANAGANAPALLE MANDAL, NANDYAL DISTRICT - 518 124.
2. RAMAIAH @ ORVAKANTI KAMMARA RAMANJINEYULU ACHARI,
S/O.ORVAKANTI KAMMARA VENKATA ACHARI, AGED ABOUT
55 YEARS, R/O.H.NO.1-319, NANDAVARAM, BANAGANAPALLE
MANDAL, NANDYAL DISTRICT - 518 124.
...PETITIONER/ACCUSED(S)
AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC
PROSECUTOR, HIGH COURT OF ANDHRA PRADESH,
THROUGH SHO, SIRIVELLA POLICE STATION, NANDYAL
DISTRICT.
2. GALI CHINNI, D/O.INNAIAH, AGED ABOUT 28 YEARS, R/O.
GUNDAMPADU VILLAGE, SIRIVELLA MANDAL KURNOOL
DISTRICT - 518 563.
...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 Court pleased to quash the FIR No.104 of
2025 dated 04.11.2025 on the file of Sirivella Police Station, Nandyal
District
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 the filing
of certified copies in FIR No. 104 of 2025 dated 04.11.2025 on the file
Sirivella Police Station, Nandyal District.
2
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 all further
proceedings in FIR No. 104 of 2025 dated 04.11.2025 on the file of
Sirivella Police Station, Nandyal District
Counsel for the Petitioner/accused(S):
1. VARUN BYREDDY
Counsel for the Respondent/complainant(S):
1. PUBLIC PROSECUTOR
3
ORDER:
The instant Criminal Petition is filed by the Petitioners under Section 528 of B.N.S.S., 2023 for the following relief:
" ... to quash the FIR No.104 of 2025 dated 04.11.2025 on the file of Sirivella Police Station, Nandyal District ..."
At the time of hearing, Sri Varun Byreddy, learned counsel for the Petitioners/A.2 and A.3 restricted the prayer and requested to issue a direction to the respondent Police to follow the procedure contemplated under Section 35(3) of BNSS.
Ms.Priyanka Lakshmi, learned Assistant Public Prosecutor would submit that the Court may pass appropriate orders.
Considering the submissions made, Police are directed to scrupulously follow the procedure prescribed under Section 35(3) of BNSS, which is pari materia to Section 41-A of the Code of Criminal Procedure, and the guidelines laid down by the Hon'ble Supreme Court in Arnesh Kumar v. State of Bihar1.
Accordingly, this Criminal Petition is disposed of. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed.
DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/* 1 (2014) 8 SCC 273 4 HON'BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Criminal Petition No. 11603 of 2025 07.11.2025 Mjl /*