APHC010225182025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4814/2025 Between: 1. BOTCHA RAJESH, S/O LAKSHMUNAIDU AGED ABOUT 42 YEARS. PRIVATE EMPLOYEE R/O. BALAGUDABA(V). PARVATHIPURAM (M). VIZIANAGARAM DISTRICT ...PETITIONER/ACCUSED AND`44 1. THE STATE OF ANDHRA PRADESH, THROUGH THE SHO PARVATHIPURAM TOWN PS PARVATHIPURAM MANYAM DISTRICT, REP. BY ITS PUBLIC PROSECUTOR HIGH COURT OF A. PAT AMARAVATHI 2. SMT DASARI PUSHPALATHA, W/O ESWARA RAO, AGED 40 YEARS, HOUSEHOLD DUTIES, R/O CHURCH STREET, BELAGAM, PARVATHIPURAM, VIZIANAGARAM DIST ...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 64 records in connection with the cake Come No 41 of 2025 on the file of registered for the alleged offences under sections 415 417 420 read the Parvathipuram Town PS with 3d of IPC and quash the same against the petitioners as it is illegal arbitrary unjust and abuse of process of law and the allegations do not Vizianagaram District which WAR attract the ingredients of the alleged offences in the interest of justice and to pass IA NO: 1 OF 2025 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 dispense with the filing of the certified copies of the FIR and complaint filed under section 190 CrPC in Crime No. 41 of 2025 on the file of the Parvathipuram Town P.S. Vizianagaram District for the present in the interest of justice and to pass IA NO: 2 OF 2025 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 stay all the further proceedings in connection with the case Crime No 41 of 2025 on the file of the Parvathipuram Town PS Vizianagaram District which was registered for the alleged offences under sections 415 417 420 read with 34 of IPC in the interest of justice and to pass Counsel for the Petitioner/accused: 1. G L NAGESWAR RAO Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: THE HON’BLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.4814 OF 2025 ORDER: 1. Heard the submissions of the learned counsel for the petitioner and the learned Assistant Public Prosecutor appearing for the State. 2. The petitioners were arraigned as accused in Crime No.41 of 2025 of the Parvathipuram Town Police Station, Parvathipuram District, registered for the alleged offences under Sections 415, 417, 420 read with 34 IPC. 3. The learned counsel for the petitioner submits that the petitioner was falsely implicated in the case, and there is no specific allegation against the petitioner. The learned counsel further submits that the offences alleged against the petitioner is punishable below seven years and therefore, seeks a direction to the police to follow the procedure provided under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023. 4. The veracity of the allegations made in the complaint would come to light during the course of the investigation. At this juncture, this Court is not inclined to interfere with the investigation. However, the offences alleged against the petitioner would attract a punishment of less than seven years, the Station House Officer, Parvathipuram Town Police Station, Parvathipuram District, is directed to follow the procedure as contemplated under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, insofar as the petitioner concerned, for the purpose of investigation in connection with Crime No.41 of 2025. This order would not preclude the investigation officer from filing a charge sheet or final report after completion of the investigation. 5. Accordingly, the criminal petition is disposed off. 6. Miscellaneous petitions, if any, pending in the criminal petition shall stand closed. ____________________ JUSTICE HARINATH.N Dt.08.07.2025 KGM 149 THE HON’BLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.4814 OF 2025 Dated 08.07.2025 KGM