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2025 Supreme(Online)(AP) 6872

HIGH COURT OF ANDHRA PRADESH
DR. VENKATA JYOTHIRMAI PRATAPA, J
G Murugesh and Others – Appellant
Versus
The State Of Andhra Pradesh – Respondent
CRIMINAL PETITION NO: 5911/2025



Advocates:
For the Appellants/Petitioners: K RAGHU VEER
For the Respondents: PUBLIC PROSECUTOR

Court directed adherence to statutory procedures for offences with shorter imprisonment terms.

Headnote:This Criminal Petition under Section 528 of BNSS seeks to quash the proceedings in F.I.R.No.129/2025 for offences punishable under Sections 223, 126(2), 132 r/w 3(5) of B.N.S. The petitioner contended that the offences are punishable with less than seven years imprisonment, referencing the Supreme Court ruling in Arnesh Kumar vs. State of Bihar. The court directed the Investigating Officer to follow the procedure under Section 35-3 of B.N.S.S. The petition was disposed of accordingly.

Table of Content
1. quash proceedings for specific fir. (Para 1)
2. counsel's argument for notice under legal provisions. (Para 2)
3. request for notice under section 35-3. (Para 3)
4. court's directions to investigating officer. (Para 4)

This Criminal Petition u/Sec.528 of BNSS is filed seeking to quash the proceedings in F.I.R.No.129/2025 on the file of Kuppam Urban Police Station, Chittoor District registered for the offences punishable under Section s 223 , 126(2), 132 r/w 3(5) of B.N.S. against the petitioners/A1, A4 to A6, A8 to A11, A15, A16, A22, A23, A25, A26, A28, A29, A31, A33 to A35.

2. Heard learned counsel for the petitioners and the learned Assistant Public Prosecutor for the State.

3. At the time of hearing, learned counsel for the petitioners has confined his request only to order notice under Section 3(5) -3 of B.N.S.S . by following the judgment in Arnesh Kumar vs. State of Bihar of the Hon’ble Supreme Court of India, stating that the aforesaid offences registered against the petitioners are punishable with less than seven years period of imprisonment.

4. Therefore, in view of the aforesaid request, this Criminal Petition is disposed of, with a direction to the Investigating Officer to follow the procedure contemplated under Section 3(5) -3 of B.N.S.S , scrupulously.

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