Andhra Pradesh High Court

CRLP/9683/2024 of SHAIK AFSAR ALI BASHA Vs THE STATE OF ANDHRA PRADESH on 31 December 2024

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HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9683/2024 Between: Shaik Afsar Ali Basha and Others

APHC010596402024

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

TUESDAY,THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR

PRESENT

THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPACRIMINAL PETITION NO: 9683/2024

Between:

...PETITIONER/ACCUSED(S)

Shaik Afsar Ali Basha and Others

AND

The State Of Andhra Pradesh and ...RESPONDENT/COMPLAINANT(S)Others Counsel for the Petitioner/accused(S):

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1. VUTUPALLI RAJANNA

Counsel for the Respondent/complainant(S):

1. PUBLIC PROSECUTOR

The Court made the following ORDER:

The instant Criminal Petition is filed under Section 528 of BNSS, by the Petitioners/Accused Nos.1 to 6, seeking quashment of the proceedings in Crime No.634 of 2024 of Rayachoty U/G Police Station, Annamayya District against them registered for the offences punishable under Sections 329(3), 324(4), 351(2) r/w 3(5) of BNS.

2. Heard Sri Vutupalli Rajanna, learned counsel for the petitioners and the learned Additional Public Prosecutor representing the State.

3. Learned counsel for the petitioners would submit that the petition may be disposed of by giving protection to the petitioners vide guidelines of the Hon’ble Apex Court in Arnesh Kumar v. State of Bihar[1].

4. Learned Additional Public Prosecutor, on instructions, would submit that the offences registered against the petitioners are punishable with less than seven years period of imprisonment and necessary direction may be given to the concerned Station House Officer.

5. Considering the submissions, this criminal petition is disposed of with the following:

a. Investigating Officer is at liberty to complete the investigation, in accordance with law. accordance with law.

b. In the event of any coercive action sought to be taken against the petitioners, concerned police authorities are directed to scrupulously follow the procedure prescribed under Section 35(3) of BNSS [Section 41-A Cr.P.C.,] and the guidelines laid down by the Hon’ble Supreme Court in Arnesh Kumar’s case (supra). petitioners, concerned police authorities are directed to scrupulously follow the procedure prescribed under Section 35(3) of BNSS [Section 41-A Cr.P.C.,] and the guidelines laid down by the Hon’ble Supreme Court 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.

Pending applications, if any, shall stands closed.

Date: 31.12.2024 SCS

_________________________________________

DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA

THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA

Crl.P.No.9683 of 2024Dt.31.12.2024

SCS

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