IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI FRIDAY ,THE FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 3695 OF 2025 Between: 1. Kota Siva, Age 30 years,(A1) S/o Prasad, Vasanthawada village, Pedapadu Mandal, Eluru District. 2. Kota Bhanu, , Age 30 Years,(A2) S/o Maheswara Rao, Vasanthawada village, Pedapadu Mandal, Eluru District. ...Petitioner/Accused(A1 and A2) AND 1. The State of Andhra Pradesh, Rep. By its Public Prosecutor, High Court of A.P., Amaravati, Through Station House Officer, Pedapadu Police Station, Eluru District. 2. Katta Sarada Sathish, Sub Inspector of Police, Pedapadu Police Station Eluru District. 3. Ch. Dhanush, S/o Akkulu, Vasanthawada village, Pedapadu Mandal Eluru District ...Respondents/De-facto Complainant Petition under Section 528 of B.N.S.S praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings in FIR No. 86/2025 on the file of Pedapadu Police Station, Elum District on dated 31/03/2025. I.A. NO: 2 OF 2025 Petition under Section 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 of all further proceedings in FIR No. 86/2025 on the file of Pedapadu Police Station, Eluru District on dated 31/03/2025 pending disposal of the quash petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Chalamalasetti Anil Kumar, Advocate for the Petitioners/Accused and the Assistant Public Prosecutor on behalf of the Respondent No.1 The Court made the following: % APHC010172982025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) [3457] 05![1] FRIDAY ,THE FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N r.RIMINAL PETITION NO: 3695/2025 Between; ...PETITIONER/ACCUSED(S) Kota Siva and Others AND ...RESPONDENT/COMPLAINANT(S) The State Of Andhara Pradesh and Others Counsel for the Petitioner/accused(S); 1.CHALAMALASETTI ANIL KUMAR Counsel for the Respondent/complainant{S); 1.PUBLIC PROSECUTOR The Court made the following Order; The petitioners are arrayed as the file of Pedapadu Police Station, Eluru district, for alleged offence under Sections 118(1) read with 3(5) of BNS Act. 2. Heard the Assistant Public Prosecutor appearing for the State. accused No.1 and 2 in FIR No.86 of 2025, on learned counsel for the petitioners and the learned 2 3. Though the learned counsel for the petitioners 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 Bihar\ The learned Assistant Public Prosecutor stated that he has objection to give such a direction. The criminal petition is disposed of by directing the Station House Officer, Pedapadu Police Station, Eluru district, to follow the proced contemplated under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”) in so far as the petitioners are concerned. 6. As a sequel, pending miscellaneous petitions, if any, shall stand 4. no 5. ure as closed. T (2014) 8 see 273 Sd/- K SRINIVASA RAJU assistant REGI^AR SEeTION OFFieER Station, Eluru District. Kumar, Advocate [OPUC] . High Court of Andhra Pradesh //TRUE eOPY// To, 1. The Station House Officer, Pedapadu Police 2. One CC to Sri. Chalamalasetti Anil 3. Two CCs to the Public Prosecutor, Amaravathi [OUT] 4. Three eo eopies at Stu sree Q HIGH COURT DATED:04/04/2025 ORDER CRLP.No.3695 of 2025 X 08 APR 2025 | ^ . Current ii««on %£ocspatc^^ a DISPOSING OF THE CRIMINAL PETITION