Gorla Ramanjaneynlu Vs The State of Andhra Pradesh

GORLA RAMANJANEYNLU, S/O. RANGA RAO GORLA, AGED ABOUT 56 YEARS,R/O. D.NO.4-117/2, SF-2 VASANTHI ENCLAVE, RAJULABAZAR, HIGH SCHOOL ROAD, RAMAVARAPPADU, VIJAYAWADAKRISHNA, ANDHRA PRADESH- 521108.

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ADALLA RAMJEE RAMJI, S/O. KUMARJEE, AGED ABOUT 41 YEARS,R/O. FLAT NO. 103, ANIKA APARTMENTS NEAR FRIENDS COURTAPARTMENT, VISAKHAPATNAM URBAN, ANDHRA UNIVERSITY,VISAKHAPATNAM, ANDHRA PRADESH.

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...PETITIONER/ACCUSED(S) AND

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THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR,HIGH COURT OF ANDHRA PRADESHTHROUGH ITS SHO CYBER CRIME POLICE STATION,NTR COMMISSIONERATE, NTR DISTRICT,

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DUDLA PRASAD, S/O. VENKAIAH, AGED ABOUT 39 YEARS,R/O. D.NO.32-11/4-1, GMMADI VARI STREET,MOGALRAJPURAM, VIJAYAWADA, NTR DISTRICT, ANDHRA PRADESH.

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...RESPONDENT/COMPLAINANT(S):

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2

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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 Courtpleased to call for the records in F.I.R No.51 of 2026 on the Cyber Crime Police Station, NTR Commissionerate, NTR District and quash the same and pass

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IA NO: 1 OF 2026

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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 pleased to dispense with filing of the original certified copy F.l.R No.51 of 2026 on the Cyber Crime Police Station, NTR Commissionerate, NTR District

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IA NO: 2 OF 2026

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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 pleased to grant stay of all further proceedings in F.l.R No.51 of 2026 on the Cyber Crime Police Station, NTR Commissionerate, NTR District, pending disposal of the above criminal petition and pass

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Counsel for the Petitioner/accused(S): 1.SOMISETTY GANESH BABU

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Counsel for the Respondent/complainant(S): 1.PUBLIC PROSECUTOR

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THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 4928 of 2026

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The Court made the following Order:

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This Criminal Petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhitha, 2023, has been filed on behalf of the petitioners herein (A1 & A2) to quash the proceedings in Crime (FIR) No.51 of 2026 of Cyber Crime Police Station, NTR District, registered for the offences punishable under Sections 318(4) & 319(2) of the Bharatiya Nyaya Sanhitha, 2023 and Section 66 read with 43 of the Information Technology Act, 2000-2008.

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Learned counsel for the petitioners, after arguing for some time, has confined his argument to the extent of protecting the petitioner herein from the police on the ground that the offences alleged are punishable with imprisonment of less than seven (07) years and prays this Court to direct the police to follow the procedure as contemplated under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

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On the other hand, Sri Neelothpal Ganji, learned Assistant Public Prosecutor did not oppose the same and concurred with the submission made by the learned counsel for the petitiones for the reason that the offences alleged are punishable with imprisonment of less than seven years.

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Despite of service of notice on respondent No.2, none represented on his behalf.

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Heard. Perused the entire available material on record.

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Since the offences alleged are punishable with imprisonment of less than seven years and in view of the no objection expressed by the Assistant Public Prosecutor, this Court directs the respondent/police to follow the procedure as contemplated under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 corresponding to Section 41A Cr.P.C., scrupulously as per the guidelines enunciated in Arnesh Kumar

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Vs. State of Bihar and another¹ , which was reiterated in the judgment of the Hon’ble Apex Court in Md.Asfak Alam Vs. State of Jharkhand and Another² .

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