APHC010314022025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI 0f MONDAY,THE THIRTIETH DAY OF TWO THOUSAND AND TWENTY FIVE ^ PRESENT THE honourable SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO- RiAR nr on-,. Between: Gopireddy Srinivasareddy, S/o Venkateswara reddy Age Agriculture, R/o 3-16/1, Sattenapalli Mandalam 61 years, Occ Rentapalla, Palnadu District. ...Petitioner AND 1. The state of Andhra Pradesh, Rep. by its Public Prosecutor, High Court ptrnarz:;,' — 0«cer, Sattenapaiie Rura, 2. Busiraju Lakshmi, W/o. Veera Raghavalu Rentapalla Palnadu District. at Aged about 32 years, Occ VRO, ...Respondents Petition under Section 528 of BNSS stated in the Memorandum of Grounds may be pleased to quash the proceedings Crime No. 74 of 2025 dated 18. Palnadu District. jA NO: 2 OF 7noK stated'rihe 7" “-“stances the Memorandum of Grounds of Criminal Petition, the High Court praying that in the circumstances of Criminal Petition, the High Court against the petitioner/ Accused 3 i 06.2025 on the File of Sattenapaiie in Rural PS, may be pleased to STAY of all further proceedings, including the arrest of the petitioner/sole accused 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. Counsel for the Petitioner: SRI GOUTHAMI SURAPAREDDY Counsel for the Respondent No.1: PUBLIC PROSECUTOR Counsel for the Respondent No.2: — The Court made the following order: APHC010314022025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] MONDAY, THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO: 6446/2025 Between: 1.GOPIREDDY SRINIVASAREDDY, S/0 VENKATESWARA REDDY. AGE 61 YEARS, OCC AGRICULTURE, R/0 3-16/1, SATTENAPALLI MANDALAM, RENTAPALLA, PALNADU DISTRICT. ..PETITIONER/ACCUSED AND 1 .THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT AT NELAPADU, 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 BNSS praying that in the circumstances stated in the Memorandum of Grounds Courtpleased to quash the proceedings against the petitioner/ Accused 3 in Crime No. 74 of 2025 dated 18.06.2025 on the File of Sattenapalle Rural PS, Palnadu District and pass of Criminal Petition, the High 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, 2 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 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 Counsel for the Petitioner/accused: 1.GOUTHAMI SURAPAREDDY Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: 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 petitioner/accused No.3 to quash the proceedings against the petitioner/accused No.3 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’). Brief facts of the case of prosecution are that, one Korlakunta NagamalleswaraRao, 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 2. 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 accused Nos.1 and 2 along with petitioner/ 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 across the Bench that Section 223 (a) of BNS has been deleted by 3. the police. Heard. Perused the material on record. 4. In view of the submission made by the learned Special 5. 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^ (2014) 8 see 273. 5 6. With the above directions, the Criminal Petition is disposed of. sequel thereto, the miscellaneous petitions, if any, pending in this Criminal Petition, shall stand closed. As a !i Sd/- K J RAJA BABU ASSISTANT REGISTRAR I //TRUE COPY// SECTION OFFICER To, Officer, Sattenapalle Rural PS, Palnadu District. 1. The Station House GOUTHAMI SURAPAREDDY Advocate [OPUC] PROSECUTOR, High Court of Andhra Pradesh 2. One CC to SRI 3.TWO CCsto THE PUBLIC at Amaravati[OUT] 4. Two CD Copies nm 1 HIGH COURT DATED:30/06/2025 ORDER CRLP NO. 6446 OF 2025 DISPOSING OF THE CRIMINAL PETITION