APHC010207572022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY, THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 3162/2022 Between: Shaik Abdul Rasheed and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused(S): 1. A VARALAKSHMI Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR (AP) The Court made the following ORDER: The instant Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973, by the Petitioner/Accused Nos.1 to 5, seeking quashment of the proceedings in Crime No.104 of 2022 of I Town Police Station, Ongole, Prakasam District. 2. Heard Ms. A.Vara Lakshmi, learned counsel for the petitioners and the learned Assistant Public Prosecutor representing the State/Respondent No.1. 2 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: 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 feels aggrieved by the same. 7. Accordingly, the Criminal Petition is disposed of. 1 (2014) 8 SCC 273 3 Pending applications, if any, shall stands closed. _________________________________________ DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 22.01.2025 SCS 4 299 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.3162 of 2022 Dt.22.01.2025 SCS