IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 5888 OF 2025 Between: 1. Mohammed Fathimunjehra Alisa Fathim Munjahara, D/o. Mohammed Musthaf Ali Khan, Aged 35 years, R/0.3-3-51/A, Mangayamma Rao Peta, Dasari Vari Street, Pithapuram, East Godavari District 533450.(A3) 2. Mohammed Musthaf Ali Khan, C/o. Habibul Rehaman, Aged 64 R/0.5-3-96/A, Kondappa Street, Fathima Manzii Godavari District, A.P- 533450.(A4) 3. Chaganti Durga Bhavani, W/o. Satya Harichandra Prasad 46 years, R/o. 3-99/1, Main road, Malleswari Ice Factory daggara, Sarpavaram, Kakinada Rural, East Godavari District, Andhra Pradesh- 533005.(A5) 4. Sri Venkata Kalyan Chaganti, W/o. Satya Harichandra Prasad about 28 years, R/o. 3-99/1, Main road, Malleswari Ice Factory daggara, Sarpavaram, Kakinada Rural, East Godavari District, Andhra Pradesh- 533005.(A6) A.P- years, Pithapuram, East aged about aged ...PETITIONER/ACCUSED No.3 to 6 AND rep. by Public Prosecutor, High Court of A. P. At Amaravati on behalf of Station House Officer, Sarpavaram Kakinada District. 1. The State Of Andhra Pradesh P.S., ...RESPONDENT 2. Naga Manikanta Satya Siva Ramana Babu Mandapati Babu. Aged 37 years, R/o. D.no.70-5/1-67/4, Thota Subba Rao Nagar Road no.1 .Ramanayyapeta, Kakinada Urban S/o.M. Reddi Kakinada District, A.P. ...RESPONDENT/ DE-FACTO COMPLAINANT Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds the High Court may be pleased to Quash 06.05.2025 of Criminal Petition, the F.I.R.No. 181 of 2025 dated on the file of Sarpavaram Police Station Kakinada District. LA. NO: 2 OF Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal the High Court may be pleased Petition proceedings in 06.05.2025, on the file of to grant stay of all further connection with F.I.R.No. 181 of 2025 dated Sarpavaram Police Station, Kakinada District. This Petition of Ground , Memorandum Grounds of Criminal Petition and upon hearing the arguments of Advocate for the Petitioner and the Sri Singaraju Mahaswetha Varma Prosecutor Public on behalf of the Respondent No.1. The Court made the following ;Order APHC010283022025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY ,THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 5888/2025 Between: ..PETITIONER/ACCUSED(S) Mohammed Fathimunjehra Alisa Fathim Munjahara and Others AND ...RESPONDENT/COMPLAINANT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner/accused(S): 1.SINGARAJU MAHASWETHAVARMA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following Order: The petitioners are arrayed as accused Nos.3 to 6 in Crime No.181 of 2025, on the file of the Sarpavaram Police Station, Kakinada district, for alleged offence under Sections 316(2), 318(4), 336(3), 351(2) read with 3(5) of BNS. Heard the learned counsel for the petitioners and the learned 2. Assistant Public Prosecutor appearing for the State. Though the learned counsel for the petitioners filed this petition seeking the quashing of the FIR, they have, however, restricted the relief to the extent of directing the Investigating Officer to follow the procedure prescribed under Section 35(3) of the BNSS, and the guidelines prescribed by the Apex Court in Arnesh Kumar v. State ofBihar\ The learned Assistant Public Prosecutor stated that he has no 3. 4. objection to give such a direction. The criminal petition is disposed of by directing the Station House Officer, Sarpavaram Police Station, Kakinada district, to follow the procedure as contemplated under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”) in so far as the petitioners are concerned. As a sequel, pending miscellaneous petitions, if any, shall stand 5. 6. closed. T (2014) 8 see 273 / Sd/- N.NAGAMMA ASSISTANT REGISTRAR SEGTIOi^FFIGER 1. The Station House Officer Sarpavaram Police Station, Kakinada District, 2. One CC to Sri Singaraju Mahaswetha Varma, Advocate [OPUC] 3. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh. [OUT] 4. Two CD Copies //TRUE COPY// To, RAM HIGH COURT DATED : 17/06/2025 ORDER g 10 SEP 2025 S ^ , Current Seciion CRLP.No.5888 of 2025 # DISPOPSING THE CRLP