High CourtsSingle Bench

Karanam Bharath Kumar vs B Pavan Kumar And Others

Andhra Pradesh High Court · Decided on 28 March 2025 · Citation: (2025) 03 AP CK 0431

HON’BLE JUDGES
Harinath.N, J
ACTS & SECTIONS REFERRED
Bharatiya Nyaya Sanhita, 2023 — Section 3(5), 61(1), 198, 199(a), 199(b), 223, 318(1) · Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 35(3)
RESULT
Disposed Of
CASE NUMBER
Criminal Petition No: 3418 Of 2025
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Judgment

7 paragraphs · 193 words

Harinath.N, J

1.

The petitioner is arraigned as an Accused No.3 in Crime No.37 of 2025, on the file of Adoni II Town Police Station, Kurnool District, for alleged offence under Sections 198, 199(a), 199(b), 223, 318(1), 61(1) read with Section 3(5) of the BNS.

2.

Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor.

3.

Though the learned counsel for the petitioner filed this petition seeking the quashing of the FIR, they have, however, restricted the relief to the extent of directing the Investigating Officer to follow the procedure prescribed under Section 35(3) of the BNSS, and the guidelines prescribed by the Apex Court in Arnesh Kumar V. State Of Bihar (2014) 8 SCC 273.

4.

The learned Assistant Public Prosecutor stated that he has no objection to give such a direction.

5.

The Criminal Petition is disposed off by directing the Station House Officer, Adoni II Town Police Station, Kurnool District, to follow the procedure as contemplated under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”) insofar as the petitioner is concerned.

As a sequel, pending miscellaneous petitions, if any, shall stand closed.