1 APHC010145352021 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: 2291/2021 Between: 1. GUMMADI PHANI,, S/O. SUBASH CHANDRA BOSE, AGE 32 YEARS, R/O. 1/70, PALLAPU STREET, ANGALURU, KRISHNA DISTRICT. 2. VINNAKOTA MOUNIKA,, D/O. VENKATA CHARY, AGE 25 YEARS, R/O. 16/206, SATYANARAYANAPURAM, GUDIVADA, KRISHNA DISTRICT. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY IT'S PUBLIC PROSECUTOR, HIGH COURT AT AMARAVATHI. 2. GORIPARTHI HARINARAYANA, S/O. NAGESWARA RAO, AGE 49 YEARS, R/O. VENTRAPRGADA VILLAGE, PEDAPARUPUDI MANDAL, KRISHNA DISTRICT. ...RESPONDENT/COMPLAINANT(S): 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 call for the records in Cr.No. 16.2021 on the file of Gudivada I town p.s., Krishna district and quash the same in so far as the petitioners/A.1 and A.2 are concerned 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 2 High Court may be pleased to dispense with the filing of certified copy of the FIR in Cr.No.16/2021, dt.15.01.2021 on the file of Gudivada I Town P.S, Krishna District., 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 grant stay of all further proceedings in Cr.No.16/2021 on the file of Gudivada I Town P. S, Krishna District including arrest of the petitioners/A.1 85 A2 are concerned., and pass Counsel for the Petitioner/accused(S): 1. G VENKATA REDDY Counsel for the Respondent/complainant(S): 1. B V ANJANEYULU 2. PUBLIC PROSECUTOR (AP) 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 2291/2021 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&2, seeking quashment of the proceedings pending against them in Crime No.16 of 2021, of Gudivada I Town P.S., Krishna District for the offences punishable under Sections 420, 406 & 506 r/w 34 of IPC. 2. Heard Sri G.Venkata Reddy, learned counsel for the Petitioners/Accused Nos.1&2 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: 2291/2021 Dated.23.07.2025 UPS 111