APHC010144782025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] FRIDAY, THE TWENTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 3077/2025 Between: Nemapu Pedda Devullu ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused: 1. S V INDIRA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR HN, J Crl.P.No.3077_2025 2 The Court made the following Order: The petitioner is arraigned as an Accused in Crime No.52 of 2025, on the file of Thondangi Police Station, Kakinada District, for the alleged offences under Sections 329(3), 324(4), 351(2) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, “BNS”). 2. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. 3. Though the learned counsel for the petitioner filed this petition seeking the quashing of the FIR, they have, however, restricted the relief to the extent of directing the Investigating Officer to follow the procedure prescribed under Section 35(3) of the BNSS, and the guidelines prescribed by the Apex Court in Arnesh Kumar v. State of Bihar1. 4. The learned Assistant Public Prosecutor stated that he has no objection to give such a direction. 5. The criminal petition is disposed off by directing the Station House Officer, Thondangi Police Station, Kakinada District, to follow the procedure as contemplated under Section 35(3) of the 1 (2014) 8 SCC 273 HN, J Crl.P.No.3077_2025 3 Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”) insofar as the petitioner is concerned. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date: 21.03.2025 NKA HN, J Crl.P.No.3077_2025 4 94 HONOURABLE SRI JUSTICE HARINATH.N Criminal Petition No.3077 of 2025 Date: 21.03.2025 NKA