****si.- APHC010314092025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO: 6445 OF 2025 Between: 1. Korlakunta Venkateswarlu, Bikshamaiah, Age: 61 years Agriculture, R/o. 3-16/1, Sattenapalli Mandalam, Rentapalla, Palnadu District. 2. Gajjala Sudhir Bhargava Reddy, S/o Brahma Reddy, Aged about 42 years, Occ; Doctor, R/o. 10-1-18, Vaddera Street, Arunal Pet, Opp Brahmanandareddy College, Narsaraopet, Palnadu District Occ: ...PETITIONER/ ACCUSED N0.1 & 2 AND 1. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court at Nelapadu, Sattenapalle Rural P.S., Palnadu District. 2. Busiraju Lakshmi, W/o. Veera Raghavalu, Aged about 32 years, Occ: VRO, Rentapalla Palnadu District. Amaravati, through the Station House Officer, ...RESPONDENT/COMPLAINANT Petition under 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 quash the proceedings against the petitioner/ Accused 1 the File of Sattenapalle and 2 in Crime No. 74 of 2025 dated 18.06.2025 on Rural PS, Palnadu District. lA NO: 2 OF 2025 the circumstances under Section 528 of BNSS praying that in stated in the Memorandum of Grounds may be pleased to STAY of all further i petitioner/ sole accused in Crime No. 74 of Sattenapalle Rural PS, Palnadu District, pending disposal of the petition or quashing. Petition of Criminal Petition, the High Court proceedings, including the arrest of the of 2025 dated 18.06.2025 on the File ; GOUTHAWII SURAPAREDDY, ADVOCATE PUBLIC PROSECUTOR, HIGH COURT OF Counsel for the Petitioners Counsel for Respondent : THE A.P The Court made the following ORDER : c % APHC010314092025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE [3327] PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO: 6445/2025 Between; 1 KORLAKUNTA VENKATESWARLU,, BIKSHAMAIAH, AGE. 61 YEARS, OCC. AGRICULTURE, R/0. 3-16/1, SATTENAPALLl MANDALAM, RENTAPALLA, PALNADU DISTRICT. 2 GAJJALA SUDHIR BHARGAVA REDDY REDDY AGED ABOUT 42 YEARS, OCC. DOCTOR, R/0. ARUNAL PET, OPP NARSARAOPET, ...PETITIONER/ACCUSED(S) S/0 BRAHMA 10-1-18, VADDEFRA STREET, BRAHMANANDAREDDY COLLEGE, PALNADU DISTRICT AND 1 THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC HIGH COURT AT NELAPADU, PROSECUTOR, AMARAVATI, THROUGH THE STATION HOUSE OFFICER, SATTENAPALLE RURAL P.S., PALNADU DISTRICT. 2 BUSIRAJU LAKSHMI, W/0. VEERA RAGHAVALU, AGED ABOUT 32 YEARS, OCC. VRO, RENTAPALLA PALNADU DISTRICT. ...RESPONDENT/COMPLAINANT(S): Petition under Section 437/438/439/482 of Cr.P.C and 528 of the circumstances stated in the of Criminal Petition, the High BNSS praying that in Memorandum of Grounds Courtpleased to quash the proceedings against the petitioner/ Accused 1 and 2 in Crime No. 74 of 2025 dated 18.06.2025 on the File of Sattenapalle Rural PS, Palnadu District and pass 2 lA 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 pleased to dispense with the filing of the FIR in Crime No. 74 of 2025 dated 18.06.2025 on the File of Sattenapalle Rural PS, Palnadu District, pending disposal of the petition for quashing and pass lA 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 pleased to STAY of all further proceedings, including the arrest of the petitioner/sole accused in 18.06.2025 on the File of Sattenapalle Rural PS, Palnadu District, pending disposal of the petition for quashing and pass Counsel for the Petitioner/accused(S); 1.GOUTHAMI SURAPAREDDY Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: Crime No. 74 of 2025 dated 3 ORDER:- This Criminal Petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘the BNSS’) has been filed on behalf of the petitioners herein/accused Nos.1 and 2 to quash the proceedings against the petitioners herein/accused Nos.1 and 2 in Crime No.74 of 2025 of Sattenapalle Rural Police Station, Palnadu District, registered for the offences punishable under Sections 223 (a), 126 (2), 189 (2) read with 190 of the Bharatiya Nyaya Sanhitha, 2023 (for brevity ‘BNS’). 2. Brief facts of the case of prosecution are that, one Korlakunta Nagamalleswara Rao, who was son of accused No.1 committed suicide and accused No.1 with a view to set up bronze statue of his deceased son at Rentapalli village of Sattenapalli Mandal, invited the Ex-Chief Minister to unveil the statue and accused No.2, being In-charge of Sattenapalli YSRCP party applied for permission of the above programme; that the police officers visited the place of unveiling of statue and observed that the road was narrow and there would be possibility of stampede and suggested the accused to conduct programme with limited gathering. But, the petitioners/accused Nos.1 and 2 along with accused No.3 and some others formed into unlawful assembly. 4 played DJ sound systems, wrongfully restrained the public transport, caused traffic jam to all the vehicular traffic on Sattenapalli-Atchampet road and caused inconvenience to the public. The incident was reported and a case in Crime No.74 of 2025 of Sattenapalli Rural Police Station was registered for the aforesaid offences and investigated into. When the case is taken up for hearing, learned Special Assistant Public Prosecutor for State made statement 3. across the Bench that Section 223 (a) of BNS has been deleted by the police. 4. Heard. Perused the material on record. In view of the submission made by the learned Special Assistant Public Prosecutor that Section 223 (a) of BNS has been deleted by the police and insofar as the other offences alleged are punishable with imprisonment of less than seven years, this Court directs the police to follow the procedure as contemplated under Section 35 (3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (old provision. Section 41A of the Code of Criminal Procedure, 1973) scrupulously as per the guidelines enunciated in Arnesh Kumar Vs. State of Bihar and another^ 5. (2014) 8 see 273. % 5 6. With the above directions, the Criminal Petition is disposed of. As a sequel thereto, the miscellaneous petitions, if any pending in this Criminal Petition, shall stand closed. SD/- P.VINOD KUMAR ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Station House Officer, Sattenapalle Rural PS, Palnadu District. One CC to Gouthami Surapareddy, Advocate [OPUC] Two GO’S to the Public Prosecutor, High Court of A.P at Amaravathi [OUT] Three CD! Copies GPC ; - TAb ' 2. 3. 4. HIGH COURT DATED:30/06/2025 ORDER CRLP 6445/2025 DISPOSING OF THE CRIMINAL PETITION