APHC010310862025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINALPETITION NO: 6371 OF 2025 Between: Kamaiah Pitti, S/o.Subba Ramaiah, aged 51 years, Occ:Cultivation , R/o.Konampadu Village, Thalamanchi Panchayathi, Kodavalur Mandal, SPSR Nellore District. ...Petitioner/Accused AND X Ramanamma Vallepu, W/o.Late Venkateswarlu, aged 58 years, R/o.China Padugupadu Village, Kovur Mandal, SPSR Nellore District. ...Respondent/Defacto Complainant 2. The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court Buildings, Amaravati. ...Respondent ‘Petition filed under Section 482 of Cr.P.C/Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to call for the records relating to Crime No.87 of 2025 before P.S Kodavalur, SPSR Nellore District for the / / offences under Sections 126 (2) 329 (3), 74, 115(2) BNS Act and quash the same. lA NO: 1 OF 2025 Petition filed under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Criminal Petition, the High Court may be pleased to grant to stay all further proceedings including arrest of the petitioner/ accused in Crime No.87 of 2025 before P.S Kodavalur, SPSR Nellore District, for the offences under Sections 126(2) 329 (3), 74, 115(2) BNS Act pending disposal of the above Criminal petition. Counsel for the Petitioner: SRI T.C.KRISHNAN Counsel for the Respondent No.1: -- Counsel for the Respondent No.2:ASSiSTANT PUBLIC PROSECUTOR The Court made the following Order: ( X APHC010310862025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY,THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6371/2025 Between: 1.KAMAIAH PITTI, S/0. SUBBA RAMAIAH AGED 51 YEARS, OCC. CULTIVATION R/0. KONAMPADU VILLAGE, THALAMANCHI PANCHAYATHI, KODAVLUR MANDAL, SPSR NELLORE DISTRICT. ...PETITIONER/ACCUSED AND 1.RAMANAMMA VALLEPU, W/0. LATE VENKATESWARLU, AGED 58 YEARS, R/0. CHINA PADUGUPADU VILLAGE, KOVUR MANDAL, SPSR NELLORE DISTRICT. 2.THE STATE OF ANDHRA PRADESH, REP BY ITS PUBLIC XPROSECUTOR, HIGH COURT, BLDGS, AMARAVATI. ...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 Courtmay be pleased to call for the records relating to Crime No.87/2025 before P.S Kodavalur, SPSR Nellore District for the offences under,Section 126 (2) 329 (3), 74, 115(2) BNS Act and quash the same as illegal in the interest of justice IA koij 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 Pleased to grant to stay of all further proceedings including arrest of the petitioner / accused in Crime No. 87/2025 before P.S / 2 HN,r CRLP.no.6371 OF 2025 Kodavalur, SPSR Nellore District, for the offences under Section 126(2) 329 (3), 74, 115(2) BNS Act pending disposal of the above Criminal petition in the interest of justice and to pass Counsel for the Petitioner/accused: 1.TCKRISHNAN Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 2. The Court made the following: X 3 HN,J CRLP.N0.6371 OF 2025 THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6371/2025 ORDER: The petitioner is arraigned as accused in Crime No. 87 of 2025 on the file of Kodavalur Police Station, SPSR Nellore District, for alleged offences under 126(2), 329(3), 74, 115(2) of the BNS. 2. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor appearing for the State. 3. Though the learned counsel for the petitioner 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 of Bihar\ 4. The learned Assistant Public Prosecutor stated that he has no objection to give such a direction. 5. The Criminal Petition is disposed off by directing the Station House Officer, Kodavalur Police Station, SPSR Nellore District, to follow the procedu^ as contemplated under Section 35(3) of the Bharatiyai Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”) insofar as the petitioner is concerned. As a sequel, pending miscellaneous petitions if any, shall stand closed. ^ (2014) 8 see 273 Sd/- K TATA RAO DEPUTY REGISTRAR SECTION OFFICER //TRUE COPY// To, 1. The Station House Officer, Kodavalur Police Station, SPSR Nellore District. 2. One CC to Sri T.C.Krishnan, Advocate [OPUC] 7 / / / / 3. Two CC's to the Public Prosecutor, High Court of Andhra Pradesh at Amaravati [OUT] 4. Three CD Copies BSV vna i f \ 1 HIGH COURT DATED:26/06/2025 ORDER CRLP No.6371 of 2025 DISPOSING OF THE CRIMINAL PETITION