Kolla Manikyam vs. The State Of Andhra Pradesh
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Order Issued After Hearing
Purpose:
For Admission
Before:
Hon'ble Harinath.N
Listed On:
8 Apr 2025
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Order Text
APHC010160872025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457]
TUESDAY ,THE EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE HARINATH.N
CRIMINAL PETITION NO: 3790/2025
Between:
Kolla Manikyam, and Others ...PETITIONER/ACCUSED(S)
AND
The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S)
Counsel for the Petitioner/accused(S):
1.O UDAYA KUMAR
Counsel for the Respondent/complainant(S):
1.PUBLIC PROSECUTOR
The Court made the following Order:
The petitioners are arraigned as Accused Nos.1 to 6 in FIR No.102 of 2025, on the file of Duvvada Police Station, Visakhapatnam, for alleged offences under Sections 318(4), 336(3), 340(1) read with 3(5) of BNS Act.
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Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor.
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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<sup>1</sup> .
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The learned Assistant Public Prosecutor stated that he has no objection to give such a direction.
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The criminal petition is disposed of by directing the Station House Officer, Duvvada Police Station, Visakhapatnam, to follow the procedure as contemplated under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, "BNSS") in so far as the petitioners are concerned.
As a sequel, pending miscellaneous petitions, if any, shall stand closed.
___________________ JUSTICE HARINATH.N
BMS
<sup>1</sup> (2014) 8 SCC 273