Smt. Lanka Rajeswari @ Lanka Chammakka Vs The State of Andhra Pradesh

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IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI
THURSDAY ,THE THIRTEENTH DAY OF FEBRUARY C e <1
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TWO THOUSAND AND TWENTY FIVE A'"AY /'j-
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THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI

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CRIMINAL PETITION NO: 1562 OF 2025

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Between:

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Smt. Lanka Rajeswari @ Lanka Chammakka, Aged about 38 years Occ- Housewife. R/o. D. No. 3-98, Pedda Tadepalli Tadepalligudem East Godavari District. Aadhar Card No.466768341568.

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Lanka Naga Raju, S/o. Sri Lanka Nageswara Rao 45 aged about 45 years, Occ. business R/o. D. No. 3-98, Pedda Tadepalli

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Tadepalligudem. East Godavari District. Aadhar Card

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No.499544856877.

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...Petitioners/Accused No.1 & 2

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AND

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The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of A.P., At Amaravati Through the SHO, III Town Police Station, Rajahmundry, East Godavari District.

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Sri. Remella Harish, S/o. Sri. R. Venkata Satyanarayana Aged about 49 years, Occ- agriculture R/o. D.No.3-32, Dorala Veedhi Veeravaram Village, Kadiyam Mandal. Rajamahendravaram. East Godavari. District.

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...Respondents/Defacto Complainant

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r

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Petition under Section 528 of BNSS 2023 praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings against the Petitioners/Accused No. 1 & A2 herein (Smt. Lanka Rajeswari @ Lanka hammakka and Lanka Naga Raju) in FIR No. 53 of 2025, dated 04-022025, registered by the Sub-Inspector of Police, III Town Police Station Rajahmundry, East Godavari District.

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LA. NO: 2 OF 2()9fi

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Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition. the High Court may be pleased to stay of all further proceedings, including the personal appearance and arrest of the Petitioners/Accused No.1 and A2 herein (Smt. LANKA RAJESWARI @ Lanka Chammakka and LANKA naga RAJU) In FIR 53 of 2025, dated 04-02-2025, registered by the SubInspector of Police, III Town Police Station, Rajahmundry, East Godavari District. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri M Naga Raghu, Advocate for the f Petitioner and the Additional Public Prosecutor on behalf of the Respondent No.1.

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The Court made the following:

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/

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APHC010072242025

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

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[3368]

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THURSDAY, THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI

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CRIMINAL PETITION NO: 1562/707/^

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Between:

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Smt. Lanka Rajeswari @ Lanka Chammakka and Others

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...PETITIONER/ACCUSED(S)

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AND

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The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S)

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Counsel for the Petitloner/accused{S):

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1.M NAGA RAGHU

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Counsel for the Respondent/complainant(S):

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PUBLIC PROSECUTOR

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The Court made the following order:

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This Criminal Petition, under Section 482 Cr.P.C. has been filed on behalf of the petitioners herein/A1 & A2 to quash the proceedings in Crime No.53 of 2025 on the file of III Town Police Station, Rajahmundry, East Godavari District registered for the offences punishable under Sections 319(2), 318(4), 308(2) read with Section 3(5) of BNS, 2023.

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2

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Heard Sri M.Naga Raghu, learned counsel for the petitioners and the learned Additional Public Prosecutor takes notice on behalf of the respondent No. 1/State.

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Learned counsel for the petitioners wouid submit that the petition may be disposed of by giving protection to the petitioners vide guidelines of the Hon'ble Apex Court i in Arnesh Kumar v. State of Bihar\

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Learned Additional Public Prosecutor, on instructions, would submit that the offences registered against the petitioners are punishable with less than seven (07) years period of imprisonment and necessary direction may be given to the concerned Station House Officer.

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Considering the submissions, this Criminai Petition is disposed of with the following;

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

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b) In the event of any coercive action sought to be taken against the petitioners, concerned police authorities are directed

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to scrupulously follow the procedure as contemplated under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhitha,2023

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t2014) 8 see 273

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3

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corresponding to Section 41A Cr.P.C and the guidelines laid down by the Hon’ble Supreme Court in Arnesh Kumar's case (supra).

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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.

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