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Judgment
Dr Venkata Jyothirmai Pratapa, J
The instant Criminal Petition is filed under Section 528 of BNSS, by the Petitioners/Accused Nos.2, 4 & 5, seeking quashment of the order dated 09.01.2025 in Crl.M.P.No.111 of 2025 in Cr.No.349 of 2024 on the file of the Court of Judicial Magistrate of I Class Special Mobile Court for Trial of Cases under PCR Act-cum-IX Additional Judicial Magistrate of I Class, Machilipatnam.
Heard Sri C.Raghu, learned Senior Counsel assisted by Sri G.Sai Lochan, learned counsel for the petitioners and Sri M.Lakshmi Narayana, learned Public Prosecutor on behalf of the State.
Learned counsel for the petitioners would submit that vide impugned order the Court granted the Police custody of the petitioners from 10.00 a.m. on 10.01.2025 to 05.00 p.m. on 11.01.2025 and directed the Police to produce the accused before the Court at 06.15 p.m. on 11.01.2025. Learned counsel would submit that this order may be modified excluding the period of Police custody during the night times.
Learned Public Prosecutor fairly conceded and would submit that the Court may pass appropriate orders.
In that view, the impugned order is modified to the effect that the Police custody of the petitioners till 06.00 p.m. on 10.01.2025 and from 10.00 a.m. to 06.00 p.m. on 11.01.2025. Except the above modification, the impugned order is sustainable and nothing to interfere in the impugned order. Police are directed to send the petitioners to the Superintendent, Sub-Jail, Machilipatnam at 06.00 p.m. this day and take him to custody tomorrow at 10.00 a.m.
Accordingly, the Criminal Petition is disposed of.
Pending applications, if any, shall stands closed.