APHC010319902025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] FRIDAY ,THE TWENTY SEVENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6593/2025 Between: 1. MERUGU RADHA @ ANU RADHA,, W/O. SANJEEVA REDDY, AGED ABOUT 40 YEARS, OCC- HOUSE WIFE, R/O. 2-67, BALIJEPALLI VILLAGE, RAJUPALEM MANDAL, GUNTUR DISTRICT, ANDHRA PRADESH. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT AT NELAPADU, AMARAVATI, THROUGH THE STATION HOUSE OFFICER, RAJUPALEM P.S., PALNADU DISTRICT. 2. SMT CHALLA MALLESWARI, W/O NAGESWARA RAO, AGED ABOUT 60 YEARS, R/O GANAPAVARAM VILLAGE RAJUPALEM MANDAL, PALNADU DISTRICT. ...RESPONDENT/COMPLAINANT(S): Petition under Section 437/438/439/482 of Cr.P.C 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 in Crime No. 75 of 2025 dated 19.06.2025 on the File of Rajupalem PS, Palnadu District and pass IA NO: 1 OF 2025 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may 2 be pleased may be pleased to dispense with the filing of the FIR in Crime No. 75 of 2025 dated 19.06.2025 on the File of Rajupalem PS, Palnadu District, pending disposal of the petition for quashing and pass IA NO: 2 OF 2025 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased may be pleased to STAY of all further proceedings, including the arrest of the petitioner/ accused No. 1 in Crime No. 75 of 2025 dated 19.06.2025 on the File of Rajupalem 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 3 The Court made the following Order: The petitioner is arrayed as accused No.1 in Crime No.75 of 2025, on the file of the Rajupalem Police Station, Palnadu district, for alleged offence under Sections 352, 353(2) of 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, she 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, Rajupalem Police Station, Palnadu 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 petitioner is concerned. 6. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ______________________ JUSTICE HARINATH.N Date : 27.06.2025 BMS 1 (2014) 8 SCC 273