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2025 Supreme(Online)(AP) 10834
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
For the Appellants/Petitioners: Popuri Lakshmi Priyanvita
For the Respondents: Public Prosecutor
Important Points
Subject
Criminal Law - Quashing FIR
Act Referred
Headnote
(B) Criminal procedure - Quashing FIR - Court exercises power to quash FIR when the complainant is unable to establish jurisdiction or valid cause against the accused. (Paras 2-3)
Facts of the case:
This petition seeks quashing of FIR No. 57 of 2025 filed by the second respondent against the petitioners following allegations related to the death of her husband. The petitioners claimed false implication and residence issues as a defense.
Findings of Court:
The court ruled that upon investigation, police must consider all factors and refrain from any coercive measures against the petitioners pending the inquiry.
Issues: The main issue was regarding the validity of the FIR based on the circumstances surrounding the complaint.
Ratio Decidendi: The court highlighted the importance of geographical factors and the legitimacy of the complainant’s claims, thus allowing the investigation to proceed without coercive steps.
Result: Criminal petitions disposed of.
| Table of Content |
|---|
| 1. investigation details and false implications. (Para 1 , 2 , 3) |
| 2. court's directives concerning investigation. (Para 4) |
| 3. final decisions on petitions. (Para 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 for hearing, upon perusing the Memorandum of Grounds of Criminal Petit
