1 WP_42177_2018 do.docx APHC010138842021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY, THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 2289/2021 Between: 1. MADDIRALA SRINIVASA REDDY,, S/O BAYA REDDI, AGE 42 YEARS, R/O DEVARAVANDLAPALLI, T.SAKIBANDA VILLAGE, CHINNAMANDYAM MANDAL, KADAPA DISTRICT. 2. MADDIRALLA KANCHAM REDDY,, S/O BAYA REDDY, AGE 45 YEARS, R/O DEVARAVANDLAPALLI, T.SAKIBANDA VILLAGE, CHINNAMANDYAM MANDAL, KADAPA DISTRICT. 3. MADDIRALLA BAYA REDDY,, S/O KANCHAM REDDY, AGE 65 YEARS, R/O DEVARAVANDLAPALLI, T.SAKIBANDA VILLAGE, CHINNAMANDYAM MANDAL, KADAPA DISTRICT. ...PETITIONER/ACCUSED(S) AND 1. STATE OF ANDHRA PRADESH, THROUGH STATION HOUSE OFFICER, CHINNAMANDEM POLICE STATION, KADAPA DISTRICT. REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF AP, AMRAVATI. 2. SMT REDDY KUMARA TALAPAKULA, W/O NOT KNOWN, AGE NOT KNOWN, OCCU FOREST BEAT OFFICER, T. SAKIBANDA, CHINNAM.ANDYAM MANDAL, KADAPA DISTRICT. ...RESPONDENT/COMPLAINANT(S): 2 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 Court pleased to quash the Crime No 42 of 2021 Dated 27.3.2021 on the file of the Chinnamandem Police Station, Kadapa District, in respect to the Petitioners/ Accused and pass IA NO: 1 OF 2021 Petition under Section 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 Court may be pleased to dispense with the certified copy of FIR No 42 of 2021, Dated 27.3.2021 on the file of Chinnamandem Police Station, Kadapa District, which was registered for the offences u/s 353, 351, 509 r/w 34 IPC and pass IA NO: 2 OF 2021 Petition under Section 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 Court may be pleased to stay all further proceedings in Crime No 42 OF 2021 DATED 27.3.2021 on the file of the Chinnamandem Police Station, Kadapa District, including the Stay of Arrest. the Petitioners/ Accused No 1 to 3and pass Counsel for the Petitioner/accused(S): 1. S SRINIVASA RAO Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR (AP) 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 2289/2021 ORDER: The instant criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C)/under Section 528 of BNSS., has been filed by the Petitioners/Accused Nos.1 to 3, seeking quashment of the proceedings pending against them in Crime No.42 of 2021, of Chinnamandem Police Station, YSR Kadapa District registered for the offences punishable under Sections 353, 351, 509 r/w 34. 2. Heard Sri S.Srinivasa Rao, learned counsel for the Petitioners/Accused Nos.1 to 3 and Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. 3. Learned counsel for the petitioners would submit that the petition may be disposed of by giving protection to the petitioners vide guidelines of the Hon’ble Apex Court in Arnesh Kumar v. State of Bihar1. 4. Learned Assistant Public Prosecutor, on instructions, would submit that the offences registered against the petitioners are punishable with less than seven years period of imprisonment and necessary direction may be given to the concerned Station House Officer. 5. Considering the submissions, this Criminal petition is disposed of with the following; 1 (2014) 8 SCC 273 4 a. Investigating Officer is at liberty to complete the investigation, in accordance with law. b. In the event of any coercive action sought to be taken against the petitioners, concerned police authorities are directed to scrupulously follow the procedure prescribed under Section 35 (3) of BNSS., [Section 41-A Cr.P.C] and the guidelines laid down by the Hon’ble Supreme Court in Arnesh Kumar’s case (supra). 6. It goes without saying that, if any charge sheet is filed in the above crime, the petitioners are at liberty to challenge the charge sheet, if they feel aggrieved by the same. 7. In the result, the Criminal Petition is disposed of. However, the Police are directed to conclude the investigation and file a report according to law within a period of three (3) months from the date of receipt of copy of this Order. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 23.07.2025 UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 2289/2021 Dated.23.07.2025 UPS 112