Citation : 2024 Latest Caselaw 10592 AP
Judgement Date : 23 November, 2024
APHC010527722024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3460]
(Special Original Jurisdiction)
SATURDAY ,THE TWENTY THIRD DAY OF NOVEMBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY
CRIMINAL PETITION NO: 8466/2024
Between:
Rajapu Deepika and Others ...PETITIONER/ACCUSED(S)
AND
The State Of Ap and Others ...RESPONDENT/COMPLAINANT(S)
Counsel for the Petitioner/accused(S):
1. C SUBODH
Counsel for the Respondent/complainant(S):
1. PUBLIC PROSECUTOR
The Court made the following:
ORDER:
-
This Criminal Petition under Section 528482 of B.N.S.S., is filed
seeking to quash the proceedings in Cr.No.286/2024 on the file of the
Nawabpet Police Station, wherein the petitioners are alleged to have
committed an offence punishable under Sections 61(2), 336(3), 340(2)
of the Bharatiya Nyaya Sanhita, 2023 (for short 'BNS).
2. Heard Sri C.Subodh, learned counsel for the petitioners and the
learned Assistant Public Prosecutor for the State.
3. Perused the record. On 16.10.2024 Crime No.286/2024 of
Nawabpet Police Station, SPSR Nellore District was registered for the
offences punishable under Sections 61(2), 336(3), 340(2) of BNS. The
petitioners alleged to have committed those offences prior to
16.10.2024. Having heard both sides, it is seen that all the offences
are punishable with imprisonment of seven years and less than seven
years. It is, in these circumstances, investigating Police are directed to
comply with Section 35(3) of BNSS and all the directions given by the
Hon'ble Supreme Court in the judgment in Arnesh Kumar vs. State of
Bihar and other related rulings.
4. With these observations, the Criminal Petition is disposed of.
Miscellaneous petitions, if any pending, in the Criminal Petition, shall stand closed.
________________________ JUSTICE NYAPATHY VIJAY
Date: 23.11.2024 RD
THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY
CRIMINAL PETITION No.8466 OF 2024
Dated 23.11.2024 RD
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