Andhra Pradesh High Court
CIVIL APPEAL 4605 of 2025 on 31 December 2024
IN THE HIGH COURT OF ANDHRA PRADESH
:: AMARAVATI
TUESDAY, THE TWENTY NINETH DAY OF APRILTWO THOUSAND AND TWENTY FIVE
PRESENTTHE HONOURABLE SRI JUSTICE HARINATH.NCRIMINAL PETITION NO: 4605 OF 2025
BETWEEN:
1. Y S Praveen, S/o. Y. Kondalah Aged about 32 Years, Occ. Doctor, R/o.Plot No. 3, Srihari Gardens, Near Venkaipalll Yellamma Temple, MilitaryColony, Nothanapalle, Rudravaram, Kurnool, Andhra Pradesh.Plot No. 3, Srihari Gardens, Near Venkaipalll Yellamma Temple, MilitaryColony, Nothanapalle, Rudravaram, Kurnool, Andhra Pradesh.
...PETITIONER/ACCUSED N0.1
2. Smt. K. Lavanya, W/o. Y. Sal Praveen Kumar, Aged about 29 Years,Occ. Medical Administration,R/o. 15-9-12-116, Maruthi Nagar, NandiKotkur, Rudravaram, Kurnool, Andhra PradeshOcc. Medical Administration,R/o. 15-9-12-116, Maruthi Nagar, NandiKotkur, Rudravaram, Kurnool, Andhra Pradesh
AND
...PETITIONER/ACCUSED N0.2
1. The State of Andhra Pradesh, Represented by Public Prosecutor, HighCourt of A.P., Amaravathi.Court of A.P., Amaravathi.
2.Dose Vijaya Kumar, S/o. Santhaiah, Aged 31, Occ. Medical[Student,]5-22, B. Thandrapadu Village, Kurnool, Andhra Pradesh.5-22, B. Thandrapadu Village, Kurnool, Andhra Pradesh.
...RESPONDENT/ DEFACTP COMPLAINANTS
Petition under Section 528 of B.N.S.S. as per old (under[ 482]of Cr.P.C) praying that in the circumstances statedin the Memorandum ofGrounds of Criminal Petition, the High Court pleased[to][ Quash][ the][ FIR][ vide.]No. 484 of 2024, dated 31.12.2024 of the Kurnool Taluk Police Station.
I.A. NO: 2 OF 2025
PetitionunderSection482ofCr.P.Cprayingthatinthecircumstances statedin the Memorandum of Grounds of CriminalPetitionthe High Court may be pleased to grant stay of all further proceedings in FIRvide. No. 484 of 2024, dated 31.12.2024 of the Kurnool Taluk Police Stationagainst the Petitioners pending disposal of the Criminal[Petition.]
This Petition coming on for hearing, upon perusing[the][ Memorandum]of Grounds of Criminal Petition and upon hearing the arguments of SriANKAM RAVINDRA, Advocate for the Petitioner and the Public Prosecutoron behalf of the Respondent No.1.
The Court made the following:
APHC010217762025
IN THE HIGH COURT OF ANDHRA PRADESHpaAT AMARAVATI(Special Original Jurisdiction)
[3457]
TUESDAY ,THE TWENTY NINETH DAY OF APRILTWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE HARINATH.N
CRIMINAL PETITION NO: 4605/2025
Between:
Y S Praveen and Others
...PETITIONER/ACCUSED(S)
AND
The State Of Andhra Pradesh and...RESPONDENT/COMPLAINANT(S)OthersOthers Counsel for the Petitioner/accused(S):
1.ANKAM RAVINDRA
Counsel for the Respondent/complainant(S):
1. PUBLIC PROSECUTOR
The Court made the following:
THE HON’BLE SRI JUSTICE HARINATH.N
CRIMINAL PETITION No.4605 OF 2025
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ORDER:
1. Heard the submissions of the learned counsel for the petitioner and the learned Assistant Public Prosecutor appearing for the[State.]
2. The petitioner was arraigned as A.1in Crime No.484[of][ 2024][ of][ Kurnool]Taluk Police Station, Kurnool District, registered for the alleged offencesunder Sections 318(4), 316(2), 351(2) read with 3(5) of the BharatiyaNyaya Sanhita, 2023 on the complaint of the 2"^^ respondent.Taluk Police Station, Kurnool District, registered for the alleged offencesunder Sections 318(4), 316(2), 351(2) read with 3(5) of the BharatiyaNyaya Sanhita, 2023 on the complaint of the 2"^^ respondent.
3. The learned counsel for the petitioners submits[that][ on][ account][ of][ the]differences in the business transactions, between the petitioner/A.1 andA.2 and the 2'^'^ respondent, the present complaint[has][ been][ filed][ and]there is no prima facie case against the petitioner.differences in the business transactions, between the petitioner/A.1 andA.2 and the 2'^'^ respondent, the present complaint[has][ been][ filed][ and]there is no prima facie case against the petitioner.
4. The veracity of the allegations made in the complaint[would][ come][ to]light during the course of the investigation. At this juncture, the Court isnot inclined to interfere in the investigation. Furthermore,[the][ offences]alleged against the petitioners would attract a punishment[of][ less][ than]seven years.light during the course of the investigation. At this juncture, the Court isnot inclined to interfere in the investigation. Furthermore,[the][ offences]alleged against the petitioners would attract a punishment[of][ less][ than]seven years.
5. Therefore,theStation HouseOfficer,KurnoolTalukPoliceStation,KurnoolDistrict,is directed to follow the procedure as contemplatedunder Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023insofar as the petitioner is concerned, for the purpose of investigation inconnection with Crime No.484 of 2024. This order would not precludeKurnoolDistrict,is directed to follow the procedure as contemplatedunder Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023insofar as the petitioner is concerned, for the purpose of investigation inconnection with Crime No.484 of 2024. This order would not preclude the investigation officer from filing a charge sheet or final report after completion of the investigation.
6. Accordingly, the criminal petition is disposed of.
7. Miscellaneous petitions,if any, pendingin the criminalpetition shall stand closed.
Sd/- P. VINOD KUMARASSISTANT REGISTRAR
To,
//TRUE COPY//
dP-
SECTION OFFICER
1. The Station House Officer, Taluk Police Station, Kurnool.
2. One CC to Sri. Ankam Ravindra, Advocate [OPUC]
3. Two CCs to Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. [OUT] Pradesh at Amaravathi. [OUT]
4. Three C.D Copies.
Ssl
Cnr
HIGH COURT
DATED:29/04/2025
ORDERCRLP.NO.4605 OF 2025
CRIMINAL PETITION IS DISPOSED OF.
o7052 0 JUN 2025★