APHC010219192022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY ,THE TWENTY FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 3323/2022 Between: 1. DR. IBRAHIM SHARIFF, S/O MOHAMMED SALEHA, AGED ABOUT 74 YEARS, R/O 18-16-16, WRITER GALI, LALAPETA, GUNTUR, GUNTUR DISTRICT. 2. DR. RASHEEDA ALNUR SHARIFF,, W/O IBRAHIM SHARIFF AGED ABOUT 63 YEARS, R/O 18-16-16, WRITER GALI, LALAPETA, GUNTUR, GUNTUR DISTRICT. 3. DR. SHARIFA AYESHA FATHIMA,, D/O IBRAHIM SHARIFF, AGED ABOUT 35 YEARS, R/O FLAT NO.102, ROYAL MANOR, 14 B CROSS, SARAKI SIGNAL, JP NAGAR, BANGALORE, KARNATAKA STATE. 4. DR. AFSAR PASHA,, S/O ASGAR PASHA, AGED ABOUT 36 YEARS, R/O 4, 3RD CROSS, 22ND MAIN, SHAMANNA GARDEN, JP NAGAR, 5TH PHASE, BANGALORE, KARNATAKA STATE. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF JUDICATURE OF A.P., AT AMARAVATHI. 2. NALLAPAU CHANDRASEKARARAO, S/O JALAIAH, AGED ABOUT 49 YEARS, R/O AMBEDKAR NAGAR, KOTHAPATNAM, PRAKASHAM DISTRICT. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused(S): 1. HARINADH NIDAMANURI Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR (AP) 2 The Court made the following: ORDER: The instant Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973, by the Petitioners/Accused Nos.1 to 4 to quash the proceedings against them in Crime No.27 of 2022 of Kothapatnam Police Station, Prakasam District, for the offence punishable under Sections 420 and 506 read with 34 of the Indian Penal Code, 1860 and Sections 3(1)(r)(s) and 3(2) (va) of SCs & STs (PoA) Act. 2. Heard Sri Nidamanuri Harinadh, learned counsel for the Petitioners and Ms. K.Priyanka Lakshmi, learned Assistant Public Prosecutor representing 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; a. Investigating Officer is at liberty to complete the investigation, in accordance with law. 1 (2014) 8 SCC 273 3 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 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. Accordingly, the Criminal Petition is disposed of. Pending applications, if any, shall stands closed. _________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:24.01.2025 Dinesh 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.3323 of 2022 Dt.24.01.2025 Dinesh