Chundi Lakshmamma Vs the State of Andhra Pradesh — Bail and Remand | Andhra Pradesh HC (2025)

Chundi Lakshmamma Vs the State of Andhra Pradesh — Bail and Remand | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

Criminal Petition disposed of with directions instead of quashment on merits: Investigating Officer free to complete investigation per law; coercive steps against petitioners only per Section 35(3) BNSS [Section 41-A Cr.P.C] and Arnesh Kumar guidelines; liberty reserved to challenge any charge-sheet; police to conclude investigation and file report within three months; miscellaneous petitions, if any, closed.

Issue for consideration

Whether the proceedings in Crime/FIR No.156 of 2020 of Duttaluru Police Station, registered against petitioners/Accused Nos.1 to 6 for offences under Sections 353, 341, 427 and 109 r/w 34 IPC, should be quashed under Section 482 Cr.P.C./Section 528 BNSS.

Court's answer

The Investigating Officer is at liberty to complete the investigation into Crime No.156 of 2020 in accordance with law.

Ratio / Principle

In the event of any coercive action against the petitioners, the concerned police authorities must scrupulously follow the procedure prescribed under Section 35(3) BNSS (corresponding to Section 41-A Cr.P.C) and the Arnesh Kumar guidelines.

Key takeaways

If a charge-sheet is filed in the above crime, the petitioners are at liberty to challenge it if aggrieved.ratio¶100
The police are directed to conclude the investigation and file a report according to law within three months from receipt of a copy of the order.ratio¶102

Detailed headnote1 paragraphs

Criminal Petition No.216 of 2021 (under S.482 Cr.P.C./S.528 BNSS) filed by Accused Nos.1 to 6 seeking quash of FIR No.156 of 2020 of Duttaluru Police Station, SPSR Nellore District, registered for offences under Sections 353, 341, 427 and 109 r/w 34 IPC. On submissions of learned counsel for the accused and the learned Assistant Public Prosecutor (who stated the offences were punishable with less than seven years' imprisonment), the High Court (Venkata Jyothirmai Pratapa, J.) disposed of the petition without deciding quashment, directing: (i) the Investigating Officer is at liberty to complete the investigation in accordance with law; (ii) if any coercive action is sought, police must scrupulously follow the procedure under Section 35(3) BNSS [Section 41-A Cr.P.C] and the Arnesh Kumar v. State of Bihar guidelines; (iii) petitioners may challenge any charge-sheet if filed; (iv) police to conclude investigation and file a report within three months. Miscellaneous petitions closed.

APHC010018892021

IN THE HIGH COURT OF ANDHRA PRADESH

FRIDAY, THE TWENTY FIFTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI

PRATAPA

CRIMINAL PETITION NO: 216 OF 2021

Between;

Chundi Lakshmamma W/o.Late Chennaiah, aged 92 years

R/o.Lakshmipuram Village, Duttaluru Mandal, SPSR Nellore District.

Chundi Subba Ratnamma W/o.Venkateshwarlu, aged 56 years.

R/o.Lakshmipuram Village, Duttaluru Mandal, SPSR Nellore District.

Chundi Hari Gopal, S/o.Venkateshwarlu, aged 40 years,

R/o.Lakshmipuram Village, Duttaluru Mandal, SPSR Nellore District,

Chundi Nagarjuna, S/o.Venkateshwarlu, aged 35 years R/o.Lakshmipuram Village, Duttaluru Mandal, SPSR Nellore District.

Chundi Venkateshwarlu, S/o.Chennaiah, aged 60 years. R/o.Lakshmipuram Village, Duttaluru Mandal, SPSR Nellore District.

Chundi Akshith Reddy, S/o.Chundi Hari Gopal, aged 14 years.

R/o.Lakshmipuram Village, Duttaluru Mandal, SPSR Nellore District. ...PETITIONERS/ACCUSED N0.1 TO 6

AND

The State of Andhra Pradesh, Through Station House Officer , Duttaluru Police Station, Duttalulru, SPSR Nellore District. Rep. by its Public

Prosecutor, High Court of Andhra Pradesh at Amavarathi.

...RESPONDENT

Srinivasulu Chinthalacheruvu, S/o.China Pullaiah, aged 27 years, Occ; Village Revenue Officer, Lakshmipuram Village, Duttaluru Mandal, SPSR Nellore District.

...RESPONDENT/DEFACTO COMPLAINANT

Potition filed under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the FIR.No.156 of 2020 on the file of Duttaluru Police Station, Duttaluru, SPSR Nellore District.

lA NO: 2 OF 2021

Petition filed under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Criminal Petition, the High Court may be pleased to grant stay all further proceedings in the FIR.No.156 of 2020 on the file of Duttaluru Police Station, , Duttaluru, SPSR Nellore District, pending disposal of the above CrI.Petition.

lA NO: 1 OF 9n9A

Between:

The State of Andhra Pradesh, Through Station House Officer, Duttaluru Police Station, Duttalulru, SPSR Nellore f District. Represented by its Public Prosecutor, High Court of Andhra Pradesh at Amavarati.

...PETITIONER/1®^ RESPONDENT AND

Chundi Lakshmamma, W/o.Late Chennaiah, aged 92 years,

R/o.Lakshmipuram Village, Duttaluru Mandal, SPSR Nellore District.

Chundi Subba Ratnamma, W/o.Venkateshwarlu, aged 56 years.

R/o.Lakshmipuram Village, Duttaluru Mandal, SPSR Nellore District.

Chundi Hari Gopal, S/o.Venkateshwarlu, aged 40 years

R/o.Lakshmipuram Village, Duttaluru Mandal, SPSR Nellore District.

Chundi Nagarjuna, S/o.Venkateshwarlu, aged 35 years.

R/o.Lakshmipuram Village, Duttaluru Mandal , SPSR Nellore District.

Chundi Venkateshwarlu S/o.Chennaiah. aged 60 years.

R/o.Lakshmipuram Village, Duttaluru Mandal. SPSR Nellore District

Chundi Akshith Reddy S/o.Chundi Hari Gopal, aged 14 years,

R/o.Lakshmipuram Village, Duttaluru Mandal SPSR Nellore District.

...respondents/petitioners

Srinivasulu Chinthalacheruvu S/o.China Pullaiah, aged 27 years, Occ;

Village Revenue Officer, Lakshmipuram Village, Duttaluru Mandal,

SPSR Nellore District.

...RESPONDENT/2''° RESPONDENT

Petition filed under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Criminal Petition, the High Court may be pleased to vacate the i interim Order dated 20.01.2021 passed in I.A No.2of 2021 in Crl.P.No.216 of 2021. Counsel for the Petitioners : SRI P.NAGENDRA REDDY

Counsel for the Respondent No. 1 : MS.K.PRIYANKA LAKSHMI,

ASSISTANT PUBLIC PROSECUTOR

Counsel for the Respondent No.2

The Court made the following ORDER :

1

[3396]

APHC010018892021

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

FRIDAY, THE TWENTY FIFTH DAY OF JULY

TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA

CRIMINAL PETITION NO: 216/2021

Between:

1.CHUNDI LAKSHMAMMA, W/0. LATE CHENNAIAH, AGED 92 YEARS, R/ O LAKSHMIPURAM VILLAGE, DUTTALURU MANDAL, SPSR NELLORE DISTRICT.

2.CHUNDI SUBBA RATNAMMA,, W/0. VENKATESHWARLU, AGED⁵⁶ YEARS, R/ O LAKSHMIPURAM VILLAGE, DUTTALURU MANDAL, SPSR NELLORE DISTRICT.

3.CHUNDI HARI GOPAL,, S/0. VENKATESHWARLU, AGED 40 YEARS, R/ O LAKSHMIPURAM VILLAGE, DUTTALURU MANDAL, SPSR NELLORE DISTRICT.

4.CHUNDI NAGARJUNA,, S/0. VENKATESHWARLU, AGED 35 YEARS, R/ O LAKSHMIPURAM VILLAGE, DUTTALURU MANDAL, SPSR NELLORE DISTRICT.

5.CHUNDI VENKATESHWARLU,, S/0. CHENNAIAH, AGED 60 YEARS, R/ O LAKSHMIPURAM VILLAGE DUTTALURU MANDAL, SPSR NELLORE DISTRICT.

6.CHUNDI AKSHITH REDDY,, S/0 CHUNDI HARI GOPAL, AGED 14 YEARS R/ O LAKSHMIPURAM VILLAGE, DUTTALURU MANDAL, SPSR NELLORE DISTRICT.

...PETITIONER/ACCUSED{S)

AND

1.THE STATE OF ANDHRA PRADESH, THROUGH STATION HOUSE OFFICER DUTTALURU POLICE STATION, DUTTALULRU, SPSR

2

NELLORE DISTRICT. REP. BY ITS PUBLIC PROSECUTOR HIGH COURT OF ANDHRA PRADESH AT AMAVARATHI

2.SRINIVASULU CHINTHALACHERUVU, S/0. CHINA PULLAIAH, AGED 27 YEARS OCC. VILLAGE REVENUE OFFICER. LAKSHMIPURAM VILLAGE, DUTTALURU MANUAL, SPSR NELLORE DISTRICT.

...RESPONDENT/COMPLAINANT(S):

Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court to quash the FIR.No.156^{/2020onthefileof} Duttaluru Police Station, Duttaluru, SPSR Nellore District

lA NO: 1 OF 2021

Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased To dispense with the filing of certified copy of the FIR No. 156/2020 on the file of Dattaluru Police Station, Duttaluru, SPSR Nellore District.

lA NO: 2 OF 2021

Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant stay of all further proceedings in the FIR.No.156/2020 on the file of Duttaluru Police Station, Duttaluru, SPSR Nellore District pending disposal of the above CrI.P.^{intheinterestofJustice.}

lA NO: 1 OF 2024

Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition.the High Court may be pleased may be pleased to vacate^{theinterimorderdated} 20.01.2021 passed in I.A No. 2 of 2021 in CrI.P No. 216 of 2021

Counsel for the Petitioner/accused(S):

1.P NAGENDRA REDDY

Counsel for the Respondent/complainant(S):

PUBLIC PROSECUTOR (AP)

3

THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 216/2021

ORDER:

The instant criminal petition under Section 482 of^{theCodeofCriminal} Procedure, 1973 (for short ‘Cr.P.C)/under Section 528 of BNSS., has been filed by the Petitioners/Accused Nos.1 to 6, seeking quashment of the proceedings pending against them in Crime No.156 of 2020, of Duttaluru Police Station, Duttaluru, SPSR Nellore District registered for the offences under Sections 353, 341,427, 109r/w34 of IPC.

Heard Sri P.Nagendra Reddy, learned counsel for the Petitioners/Accused Nos.1 to 6 and Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State.

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

Learned Assistant Public Prosecutor, on instructions,^{wouldsubmitthat} the offences registered against the petitioners are punishable with less than seven years period of imprisonment and necessary direction may be given to the concerned Station House Officer.

Considering the submissions, this Criminal petition is disposed of with the following;

(2014) 8 see 273

4

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

b. In the event of any coercive action sought to be taken against the petitioners, concerned police authorities are directed to scrupulously follow the procedure prescribed under Section 35 (3) of BNSS [Section 41-A Cr.P.C] and the guidelines laid down by the Hon’ble Supreme Court in Arnesh Kumar’s case (supra).

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 feel

aggrieved by the same.

In the result, the Criminal Petition is disposed of. However, the Police are directed to conclude the investigation and file a report according to law within a period of three (3) months from the date of receipt of copy of this Crder.

As a sequel thereto, miscellaneous petitions pending, if any, shall stand SD/- G.HELA NAIDU closed.

SD/- G.HELA NAIDU ASSISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,

The Station House Officer, Duttaluru Police Station, Duttaluru, SPSR Nellore District.

One CC to Sri P.Nagendra Reddy, Advocate [OPUC]

Two CCs to the Public Prosecutor, High Court of AP at Amaravati [OUT]

Two CD Copies

BSV

TAC

HIGH COURT DATED:25/07/2025

ORDER CRLP NO. 216 OF 2021

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^ . Current Section .

DISPOSING OF THE CRIMINAL PETITION