IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI WEDNESDAY, THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4381 OF 2025 Between: Akkineni Jayakrishna, S/o. Late Srimannarayana, Aged 59 years, Occ Retd. Employee, R/o. Pothureddi Palli, Nuziveedu Mandal, Eluru District. ...PETITIONER/ACCUSED No.2 AND 1. The State Of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh, Amaravati, through S.H.O, Rajamahendravaram III Town P.S., East Godavari District. ....Respondent No.1 2. Rayudu Vijaya Krishna, S/o. Yesuratnam, Aged 28 years, R/o. D.No. 1-57, Rajamahendravaram. East Godavari District. ...RESPONDENT No.2/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 pleased to call for records and quash the proceedings in F.I.R. in Crime No. 173 of 2025, dated 17-04-2025,for the alleged offences under Section 318(4), R/w 3(5) of BNS on the file of Rajamahendravaram III Police Station, East Godavari District. I.A. NO: 2 OF 2025 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 grant stay of all further proceedings in pursuant to the proceedings in F.I.R. in Crime No. 173 of 2025, dated 17- 04-2025, for the alleged offences under Section 318(4), R/w 3(5) of BNS on the file of Rajamahendravaram III Police Station, East Godavari District, including stay of arrest of the Petitioner herein. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Srinivasu. L, Advocate for the Petitioner and the Public Prosecutor behalf of the Respondent No.1. on The Court made the following ORDER: 1 HN, J Crl.P.No.4381 2025 APHC010205692025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY ,THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4381/2025 Between: Akkineni Jayakrishna ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused: 1.SRINIVASU L Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 2 HN, J Crl.P.No.4381_2025 The Court made the following Order: The petitioner is arraigned as Accused No.2 in Crime No. 173 of 2025 the file of Rajamahendravaram III Town Police Station, East Godavari District, for alleged offence under Sections 318(4), read with Section 3(5) of the BNS. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor for the State. 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 Bihar\ 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, Rajamahendravaram III Town Police Station, East Godavari District, to follow the procedure as contemplated under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, concerned. 1. , on 2. 3. 4. BNSS”) insofar as the petitioner is As a sequel, pending miscellaneous petitions, if any, shall stand closed. (2014) 8 see 273 Sd/- K. SRINIVASA RAJU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Station House Officer, Rajamahendravaram III Town P S East Godavari District. 2. One CC to Sri Srinivasu L., Advocate [OPUC] 3. Two CCS to Public Prosecutor, High Court of A.P., at Amaracati (OUT) 4. Three CD Copies Skm Cnr HIGH COURT DATED:23/04/2025 ORDER ANDW^ o CRLP.No.4381 of 2025 O 2 8 APR 2025 X Current Section ^ '/ DISPOSING OF THE CRIMINAL PETITION