Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Online)(AP) 10833

HIGH COURT OF ANDHRA PRADESH
N. HARINATH, J
Nagandia Aparna, Chunduri Venkatesh, Chunduri Basava Sankar Rao, Rachamallu Dhanalakshmi Devi, Nagandia Subrahmanyam – Appellant
Versus
The State of Andhra Pradesh, Sai Naga Rajani – Respondent
Criminal Petition Nos: 6043, 6045, 6046 of 2025

Advocates:
For the Appellants/Petitioners: Popuri Lakshmi Priyanvita
For the Respondents: Public Prosecutor

The court emphasized the need for jurisdictional compliance and scrutiny in FIR validity concerning the residence of the involved parties while directing an investigation sans coercive actions.

Headnote:(A) BNSS - Sections 85, 74, 351(2), 119(1), r/w 3(5) - Criminal petitions were filed for quashing FIR alleging involvement of petitioners in various offences post the death of the respondent's husband - Court examined the implications of the complaint in light of the circumstances including residence of parties and involvement - (Paras 2 - 4)

(B) FIR - Legitimacy and Jurisdiction - The court found inconsistencies in the filing of the FIR against petitioners residing in Hyderabad while the respondent was in Guntur at the time of lodging the complaint - The court ruled that the police must investigate without coercive measures against the petitioners. (Paras 2 and 4)

Facts of the case:
Allegations included wrongful prosecution of relatives after the respondent's spouse passed away; conflict of jurisdiction due to differing residences.

Findings of Court:
Police directed to investigate without taking coercive measures against the petitioners, while considering all aspects mentioned.

Issues: The main issue was about the jurisdiction and validity of filing the FIR under the provided sections against the petitioners given their residence locations.

Ratio Decidendi: The court held that the complaint’s merits and jurisdiction needed scrutiny in light of the petitioners’ circumstances, directing police to proceed without coercive actions.

Result: Criminal petitions disposed of accordingly.

Table of Content
1. false implications in criminal accusations considered. (Para 1 , 2)
2. complaint validity based on geographical circumstances evaluated. (Para 3)
3. police instructed to avoid coercive actions in ongoing investigation. (Para 4 , 5)

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Popuri Lakshmi Priyanvita, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1 and none appeared for the Respondent No.2.

CRIMINAL PETITION NO: 6045 OF 2025 Between:

Chunduri Basava Sankar Rao, S/o. Late Papaiah, Aged 65 years, Occ: Retired Police Constable, Uncle of the R2, R/o. Flat G4, 37-1-388/15/0, Maruthi Ram Apartments, Dharavari Thota, Ongole, Prakasam^District.

...Petitioners/AS AND

1. The State of Andhra Pradesh, Rep. by its Public Prosecutor High Court Premises at Amaravati.

2. Sai Naga Rajani, W/o. Late Nagandia Appaji, Aged 29 years, Occ:

Housewife, R/o. Varavakatta Village, Narasaraopet Mandal Palanadu District Erstwhile Guntur District. ...Respondents/Complainants Petition under Section 528 of BNS S, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to call for the records and examine the same and quash the FIR No. 57 of 2025, Dt. 12.04.2025 on the file of PS, Narsaraopet 1 Town, Palanadu District Erstwhile Guntur District, U/Sec., 85, 74, 351 (2), 119(1), R/w.3(5) of BNS against the Petitioners^herein.

I.A. NO: 1 OF 2025 Petition under Section 528 of BNS S 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 connection with FIR No. 57 of 2025, Dt. 12.04.2025 on the file of PS, Narsaraopet 1 Town, Palanadu District Erstwhile Guntur District U/Sec 85, 74, 351(2), 119(1), R/w.3(5) of BNS including arrest of the Petitioners pending disposal of the above Criminal Petition.

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Smt. Popuri Lakshmi Priyanvita, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1 and none appeared for the Respondent No.2.

CRIMINAL PETITION NO: 6046 OF 2025 Between:

1. Rachamallu Dhanalakshmi Devi, W/o. N. Subrahmanyam, Aged 58 years, Occ: Govt. Secondary Grade Teacher, Mother-in-law of the R2, R/o. D.No.37-1-381, Appaiah Devara Nilayam, Trunk Road, Ongole, Prakasam Dist., AP

2. Nagandia Subrahmanyam, S/o. Late N. Appaiah, Aged

69 years, Occ:

Retired Aided School Teacher, Father-in-law of the R2, R/o. D.No.37-1-

381, Appaiah Devara Nilayam, Trunk Road, Ongole, Prakasam Dist., A.P.

...Petitloners/AI & A2 AND

1. The State of Andhra Pradesh, Rep. by its Public Prosecutor High Court Premises at Amaravati.

2. Sai Naga Rajani, W/o. Late Nagandia Appaji, Aged

29 years, Occ:

Housewife, R/o. Varavakatta Village, Narasaraopet Mandal, Palanadu District Erstwhile Guntur District. ...Respondents/Complainants Petition under Section 528 of BNS S praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to call for the records and examine the same and quash the FIR No. 57 of 2025, Dt. 12.04.2025 on the file of PS, Narsaraopet 1 Town, Palanadu District Erstwhile Guntur District, U/Sec., 85, 74, 351 (2), 119(1), R/w.3(5) of BNS against the Petitioners herein.

I.A. NO: 1 OF 2025 Petition under Section 528 of BNS S 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 connection with FIR No. 57 of 2025, Dt. 12.04.2025 on the file of PS, Narsaraopet 1 Town, Palanadu District Erstwhile Guntur District U/Sec: 85, 74, 351(2), 119(1), R/w.3(5) of BNS including arrest of the Petitioners pending disposal of the above Criminal Petition.

This Petition coming on

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2025 Supreme(Online)(AP) 10833

HIGH COURT OF ANDHRA PRADESHN. HARINATH, JNagandia Aparna, Chunduri Venkatesh, Chunduri Basava Sankar Rao, Rachamallu Dhanalakshmi Devi, Nagandia Subrahmanyam – AppellantVersusThe State of Andhra Pradesh, Sai Naga Rajani – RespondentCriminal Petition Nos: 6043, 6045, 6046 of 2025

The court emphasized the need for jurisdictional compliance and scrutiny in FIR validity concerning the residence of the involved parties while directing an investigation sans coercive actions.

HIGH COURT OF ANDHRA PRADESH
N. HARINATH, J
Nagandia Aparna, Chunduri Venkatesh, Chunduri Basava Sankar Rao, Rachamallu Dhanalakshmi Devi, Nagandia Subrahmanyam – Appellant
Versus
The State of Andhra Pradesh, Sai Naga Rajani – Respondent
Criminal Petition Nos: 6043, 6045, 6046 of 2025