APHC010315182025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6552/2025 Between: 1. KOTWAL SHAIK HIDAYATULLA BASHA, S/O. KOTWAL SHAIK HABEEBULLA(LATE), AGED 37 YEARS, OCC SCHOOL CORRESPONDENT, R/O. D.NO. 58/154, REDDIGAFOOR-SAB STREET, RAYACHOTY TOWN AND MANDAL, ANNAMAYA DISTRICT. 2. KOTWAL SHAIK RAFIUNNISA, W/O. KOTWAL SHAIK HABEEBULLA(LATE) AGED 79 YEARS., R/O. D.NO. 58/154, REDDIGAFOOR-SAB STREET, RAYACHOTY TOWN AND MANDAL, ANNAMAYA DISTRICT. 3. KOTWAL SHAIK KHADAR BASHA, S/O. KOTWAL SHAIK HABEEBULLA(LATE) AGED 52 YEARS., OCC BUSINESS, R/O. 31-39/1, ALIMABAD STREET, RAYACHOTY TOWN AND MANDAL, ANNAMAYA DISTRICT. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, , REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT AMARAVATI. RESPONDENT 2. SHAIK TAHSEEN KOUSAR, , W/O. KOTWAL SHAIK HIDAYATHULLA BASHA, AGED 31 YEARS, OCC 2 HOUSEWIFE, R/O. D.NO.1-711, MAIN ROAD KALAKADA, ANNAMAYYA DISTRICT, ERSTWHILE KADAPA 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 of Criminal Petition, the High Courtpleased to quash the entire proceedings in Crime No. 28 of 2025 of Kalakada Police Station, Annamayya District and to pass IA 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 filing of Certified Copy of FIR Dt. 22.03.2025 in Crime No. 28 of 2025 of Kalakada Police Station, Annamayya District and to receive the main Criminal Petition on file in the interests of justice and to pass IA 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 grant stay of all further proceedings including arrest of the Petitioners in Crime No. 28 of 2025 of Kalakada Police Station, Annamayya District, pending disposal of the main Criminal Petition and pass Counsel for the Petitioner/accused(S): 1. PALA KARTHI KIRAN Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 The Court made the following: The petitioners are arrayed as accused Nos.1 to 3 in Crime No.28 of 2025, on the file of Kalakada Police Station, Annamayya District, for alleged offence under Section 85 read with 3(5) of BNS, 3, 4 of DPA. 2. Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor appearing for the State. 3. Though the learned counsel for the petitioners filed this petition seeking the quashing of the FIR, he has, 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 Bihar1. 4. The learned Assistant Public Prosecutor stated that he has no objection to give such a direction. 5. The Criminal Petition is disposed of by directing the Station House Officer, Kalakada Police Station, Annamayya 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. 1 (2014) 8 SCC 273 4 As a sequel, pending miscellaneous petitions, if any, shall stand closed. ______________________ JUSTICE HARINATH.N Date: 30.06.2025 ANS 5 232 THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6552/2025 Date: 30.06.2025 ANS