Extracted from the PDF above. The PDF is authoritative.
1
APHC010281772020
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY, THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 4458/2020 Between:
1. SANNI SATYAVATHI,, W/O. SANNI APPARAO, AGED 61 YEARS, THATIYAKULAPALEM, THONDANGI MANDAL, KONA FOREST, EAST GODAVARI, ANDHRA PRADESH - 533408
2. MATCHARLA LAKSHMI,, W/O. M.HARIBABU, AGED 61 YEARS, THATIYAKULAPALEM, THONDANGI MANDAL, KONA FOREST, EAST GODAVARI, ANDHRA PRADESH - 533408
3. SANNI APPARAO,, S/O. LATE SANNI SOMIYYA, AGED 74 YEARS, THATIYAKULAPALEM, THONDANGI MANDAL, KONA FOREST, EAST GODAVARI, ANDHRA PRADESH - 533408
4. MATCHARLA NAGESWARAO,, S/O. M.APPARAO, AGED 44 YEARS, THATIYAKULAPALEM, THONDANGI MANDAL, KONA FOREST, EAST GODAVARI, ANDHRA PRADESH - 533408
5. MATCHARLA HARIBABU,, S/O. M.LACHANNA, AGED ABOUT 43 YEARS, THATIYAKULAPALEM, THONDANGI MANDAL, KONA FOREST, EAST GODAVARI, ANDHRA PRADESH - 533408
6. SANNI JOHN,, S/O. LATE SATYANNARAYANA, AGED ABOUT 30 YEARS, THATIYAKULAPALEM, THONDANGI MANDAL, KONA FOREST, EAST GODAVARI, ANDHRA PRADESH - 533408
7. MATCHARLA CHINNA,, S/O. M.LACHANNA, AGED ABOUT 36 YEARS, THATIYAKULAPALEM, THONDANGI MANDAL, KONA FOREST, EAST GODAVARI, ANDHRA PRADESH - 533408
...PETITIONER/ACCUSED(S)
2
AND
1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI.
2. YEDIDHA RAMANA, S/O. KONDAYYA, AGE. 38 YEARS, OCCU. LABOURER, R/O. SC PETA, THONGANGI VILLAGE, EAST GODAVARI, ANDHRA PRADESH - 533408.
...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 quash the proceedings in Crime No. 306 of 2020 on the file of Thondangi Police Station, East Godavari and pass IA NO: 1 OF 2020 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 of all further proceedings in Crime No: 306 of 2020 on the file of Thondangi Police Station, East Godavari including arrest of the petitioners herein, pending disposal of the Criminal Petition and pass Counsel for the Petitioner/accused(S):
1. RAM BABU DEVAVARAPU Counsel for the Respondent/complainant(S):
1. PUBLIC PROSECUTOR (AP)
3
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 4458/2020
ORDER:
The instant criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C)/under Section 528 of BNSS., has been filed by the Petitioners/Accused Nos.1 to 7, seeking quashment of the proceedings pending against them in Crime No.306 of 2020, of Thondangi Police station, East Godavari District, registered for the offence punishable under Sections 143, 147, 148, 324, 506 of IPC, 3(1)(r)(s), 3(2)(va) SC’s & ST’s (POA) Act.
2. Heard Sri Ram Babu Devavarapu, learned counsel for the Petitioners/Accused Nos.1 to 7 and Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of 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.
1 (2014) 8 SCC 273
4
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 feel aggrieved by the same.
7. In the result, the Criminal Petition is disposed of.
As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 23.07.2025 UPS
5
HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
CRIMINAL PETITION NO: 4458/2020 Dated.23.07.2025
UPS
124