AI Overview...
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Section 528 BNSS - Several criminal petitions seek to quash FIRs and proceedings under Section 528 of the BNSS Act, 2023. Petitioners argue for dismissal or stay of cases based on procedural violations, lack of jurisdiction, or the need for fair investigation. These petitions often rely on Sections 482 of the Cr.P.C. to invoke inherent powers of the High Court to prevent abuse of process and ensure justice Kalluri Duggi Reddy vs The State of A P - Andhra Pradesh, Kalluru Chenna Reddy vs The State of Andhra Pradesh - Andhra Pradesh, Vadla Mabu vs The State of Andhra Pradesh - Andhra Pradesh, A JJUGUTTI RAJA SEKHAR REDDY vs THE STATE OF ANDHRA PRADESH - Andhra Pradesh.
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Main Points:
- Petitioners, accused in cases involving offences under BNSS and related acts like the Dowry Prohibition Act, seek quashing of FIRs or stay of proceedings citing procedural lapses, lack of jurisdiction, or violations of rights Kalluru Chenna Reddy vs The State of Andhra Pradesh - Andhra Pradesh, Mutnuru Udaya Kiran vs The State of Andhra Pradesh - Andhra Pradesh.
- Several petitions highlight the importance of adhering to procedural guidelines under Section 35(3) of BNSS and the necessity of fair investigation, emphasizing the Court's role in safeguarding accused rights Mutnuru Udaya Kiran vs The State of Andhra Pradesh - Andhra Pradesh, A JJUGUTTI RAJA SEKHAR REDDY vs THE STATE OF ANDHRA PRADESH - Andhra Pradesh.
- Cases involve allegations of unauthorized construction, collusion, or other offences under municipal laws and BNSS, with petitions requesting the Court to intervene and prevent unwarranted prosecution K.Venkata Sukumar vs The State of Andhra Pradesh - Andhra Pradesh, Vaddi Adinarayana Reddy vs The State of Andhra Pradesh - Andhra Pradesh.
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Some petitions also seek interim relief such as anticipatory bail or stay of proceedings pending disposal of the main petition Y.V.B. Kutumba Rao vs The State of Andhra Pradesh - Andhra Pradesh, Nallapaneni Ramesh Kumar vs The State of Andhra Pradesh - Andhra Pradesh.
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Insights:
- The courts are cautious in balancing the state's interest in enforcement of laws like BNSS with the constitutional rights of accused persons.
- The use of Section 482 Cr.P.C. is prominent in challenging FIRs or proceedings where procedural irregularities or jurisdictional issues are alleged.
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The petitions reflect a pattern of legal strategy aimed at preventing misuse of the BNSS provisions through judicial scrutiny and procedural safeguards.
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Analysis and Conclusion:
- The overarching trend indicates that accused persons under BNSS are actively invoking the High Court's jurisdiction under Section 482 Cr.P.C. to quash FIRs or proceedings, emphasizing procedural compliance and constitutional protections.
- The courts tend to favor dismissing cases where procedural lapses are evident or where the investigation is deemed unfair, thereby upholding the principles of justice and fairness.
- These cases underscore the importance of procedural adherence in enforcement of the BNSS Act and highlight judicial vigilance against potential misuse of the law.
References: - INDAP00000059924 - INDAP00000059923 - INDAP00000060841 - INDAP00000061403 - INDAP00000059537 - INDAP00000062699 - INDAP00000062674 - INDAP00000059555 - INDAP00000060241 - INDAP00000061696
Search Results for "Accused Memorandum Section 528 Bnss"
2025 Supreme(Online)(AP) 8060 • India - High Court of Andhra Pradesh
N. HARINATH, J
BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash FIR No. 104 of 2025 on the file of Chapadu P.S. against the petitioner/accused No.1. ... \A NO: 2 OF 2025 Petition filed under Section 482 of Cr.P.C/Section 528 of ...Respondent/Defacto Complainant Petition filed under Section 528 of a href="./.. ... and pass lA NO: 2 OF 2n7fi Petition under Section#HL_....
2025 Supreme(Online)(AP) 8059 • India - High Court of Andhra Pradesh
N. HARINATH, J
(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Sections 3, 4, 85, 331(5) - Quashing of FIR - Petitioners are accused in a case of ... alleged offences under BNSS and Dowry Prohibition Act - The court directed adherence to the procedural obligations under Section ... (Paras 3) ... ... Facts of the case: ... The petitioners, accused in an FIR for offences under BNSS and the Dowry ... ...Respondent/Defacto Complainant Petition filed under Section #HL....
2025 Supreme(Online)(AP) 8977 • India - High Court of Andhra Pradesh
N. HARINATH, J
(A) Municipal Corporation Act, 1955 - Section 461(4) and Section 665(c) - Complaint regarding unauthorized construction - Petitioner's ... (Paras 5, 7) ... ... Facts of the case: ... The petitioner was accused of constructing a building ... lANO: 1 OF2025 petition under section 528 of BNSS, 2023(Section 482 of Cr.P.C), praying that in the circumstances stated in the memorandum of grounds filed in support of the Grim-lnal petition, the High Court ....
2025 Supreme(Online)(AP) 9539 • India - High Court of Andhra Pradesh
N. HARINATH, J
(A) Municipal Corporation Act, 1955 - Section 461(4) - Jurisdiction and procedural timelines for complaints - Accused alleged unauthorized ... (Paras 3, 4) ... ... Facts of the case: ... The petitioners are accused of constructing a building ... Ananthapuramul Municipal Corporation, Rep. by the Commissioner, Ananthapuramu Respondent/Complainant,, Petition under Section 528 of BNSS, 2023(Section 482 of Cr.P.C), praying that in the circumstances stated in the #HL_STA....
2025 Supreme(Online)(AP) 7673 • India - High Court of Andhra Pradesh
T.C.D. Sekhar, J
Paras 4, 6, 8) ... ... (B) Bail - The necessity of securing the presence of the accused ... (Paras 7, 8) ... ... Facts of the case: ... The petitioner, a former Tahsildar, is accused of collaborating ... (A) Code of Criminal Procedure, 1973 - Sections 437, 438, 439, 482 - Anticipatory bail - The petitioner seeks anticipatory bail in ... lANO..1 OF 2025 Petition under section 528 of BNSS praying that in the cl-rcumstances stated in the memorandum of grounds filed....
2025 Supreme(Online)(AP) 10835 • India - High Court of Andhra Pradesh
N. HARINATH, J
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 against the petitioner herein arraigned as Accused No.2 in FIR.No.160 of 2025 dated 18
2025 Supreme(Online)(AP) 10810 • India - High Court of Andhra Pradesh
N. HARINATH, J
(A) Criminal Procedure - Section 528 of BNSS - Petitioners filed a complaint against the Respondent, who has countered with a criminal ... (Paras 2, 3) ... ... Facts of the case: ... The petitioners are accused in a case that arises ... ...Respondent/Defacto Complainant Petitl'on under section 528 of BNSS is filed praying that in the circumstances stated in the memorandum of grounds filed in support of the Criminal Petition, the High Court may....
2025 Supreme(Online)(AP) 7691 • India - High Court of Andhra Pradesh
N. HARINATH, J
2-4) ... ... (B) The court emphasized the importance of fair investigation and the protection of the accused ... (A) Criminal Procedure Code, 1973 - Sections 482, 437, 438, 439 - Quashing FIR - The petitioner sought to quash an FIR for alleged ... offences under IPC sections 406, 419, 420, 465, 467, 471 & 120 ... ... (B) - The Court noted the allegations involve sanctioning ... ...RESPONDENTS Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances st....
2025 Supreme(Online)(AP) 8377 • India - High Court of Andhra Pradesh
N. HARINATH, J
This criminal petition, filed under Sections 437, 438, 439, and 482 of Cr.P.C and 528 of BNSS, seeks to quash proceedings against ... The petitioner has restricted claims to directing adherence to procedural guidelines under Section 35(3) of BNSS and Supreme Court ... 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 ....
2025 Supreme(Online)(AP) 9832 • India - High Court of Andhra Pradesh
N. HARINATH, J
This judgment pertains to a petition under section 482 of the Cr.P.C., wherein the petitioner seeks to quash proceedings in CC No ... . 413 of 2023, alleging offences under sections 417 and 498-A IPC, along with sections 3 and 4 of the DPA. ... ents/Comp[ainant petition under Section 4 82 of Cr.P.C/ Under Section 528 of BNSS praying that in the circumstances stated in the memorandum of grounds filed in support of the criminal petition, the High Cour....
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