Extracted from the PDF above. The PDF is authoritative.
APHC010265312020
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY, THE SIXTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 4163/2020 Between:
1. G. PRABHAKAR,, S/O.NARSIMHLU, AGED ABOUT- 52 YEARS, OCC - BUSINESS, RIO. 20-212A14, HANUMESH NAGAR, GUNTAKAL, ANANTAPURAM DISTRICT.
...PETITIONER/ACCUSED AND
1. THE STATE OF ANDHRA PRADESH, THROUGH KIA POLICE STATION, ANANTAPUR DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, AMARAVATI, A.P.
2. S VISHNU VARDHAN REDDY, S/O. S. MASTHAN REDDY, AGED - 45 YEARS, OCC - BUSINESS,. 1/777-2, REVENUE COLONY, KADIRI, ANANTHAPUR DISTRICT.
...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused:
1. K B RAMANNA DORA Counsel for the Respondent/complainant(S):
1. DEVALARAJU ANIL KUMAR
2. PUBLIC PROSECUTOR (AP) The Court Made the Following Order:
The instant Criminal Petition is filed under Section 482 of Cr.P.C., by the Petitioner herein/A1, to quash the proceedings in Crime No.46 of 2020 of KIA Police Station, Anantapur District, registered for the offences punishable under Sections 464, 465, 466, 468, 469, 471, 473 and 474 read with 34 IPC.
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2. Heard learned counsel for the petitioner and the learned counsel for the respondent No.2 and the learned Assistant Public Prosecutor representing the respondent No.1/State.
3.
Learned counsel for the petitioner would submit that the petition may be disposed of by giving protection to the petitioner vide guidelines of the Hon’ble Apex Court in Arnesh Kumar v. State of Bihar1.
4. Learned Assistant Public Prosecutor would submit that the offences registered against the petitioner 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 petitioner, concerned police authorities are
directed to scrupulously follow the procedure prescribed under Section 35(3) of BNSS which is pari materia to Section 41-A of the Code of Criminal Procedure and the guidelines issued by Hon’ble Supreme Court in Arnesh Kumar’s case (supra).
1 (2014) 8 SCC 273
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6. It goes without saying that, if any charge sheet is filed in the above crime, the petitioner is at liberty to challenge the charge sheet, if he feels aggrieved by the same.
7. Accordingly, the Criminal Petition is disposed of.
Pending applications, if any, shall stands closed. __________________________________________ Dr. VENKATA JYOTHIRMAI PRATAPA, J Date: 06.08.2025 Asr
4 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
Crl.P.No.4163 of 2020
Dt.06.08.2025
Asr