APHC010326242025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY,THE SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6701 OF 2025 Between: 1. Thadipoina Brahmaiah, S/o. Subbarao, Aged about 62years, Occupation Occ Coolie, Resident of Door No. 2-3, 64 School Street, Kothapatnam, Prakasam District, Andhra Pradesh 2. Thadipoina Pollamma, D/o. Muga Chinna Pollaiah, Wife of Bramaiah, Aged 52 years, Occ Coolie Kothapatnam, Prakasam District, Andhra Pradesh. 3. Thadiponia Balasubramanyam,, S/o. Brahmaiah, Occ Coolie, Resident of Door No. 2-3, 64 School Prakasam District, Resident of Door No. 2-3, 64 School Street Aged about 37 years. Street, Kothapatnam, ...PETITIONERS/ACCUSED No.1 to 3 AND The State of Andhra Pradesh, Represented by its Public Prosecutor, Court of Andhra Pradesh, Amaravati. High ...RESPONDENT Thota Sunil Babu, S/o. Subbarao, aged about 34 years, R/o. Kothapatnam village and mandal Prakasam District, Andhra Pradesh. ...RESPONDENT/DEFACTO/COMPLAINANT 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 Courtmay be pleased to quash the Cr. No. 40/2025 on the file of on the file of Kothapatnam P.S., Prakasam District 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 to stay for all further proceedings, including appearance of the accused 1 to 3 in Cr. No. 40/2025 on the file of on the file of Kothapatnam P.S., Prakasam District in pending disposal of the main criminal petition. Counsel for the Petitioners : SRI KARRE SATYANANDAM Counsel for the Respondents : PUBLIC PROSECUTOR The Court made the following ORDER : / 1 m,i /V Cri.P.No.6701 2025 n APHC010326242025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6701/2025 Between: 1.THADIPOINA BRAHMAIAH, S/0. SUBBARAO, AGED ABOUT 62YEARS, OCCUPATION OCC COOLIE, RESIDENT OF DOOR NO. 2-3, 64 SCHOOL STREET, KOTHAPATNAM, PRAKASAM DISTRICT, ANDHRA PRADESH 2.THADIPOINA POLLAMMA, D/0. MUGA CHINNA POLLAIAH, WIFE OF BRAMAIAH, AGED 52 YEARS, OCC COOLIE, RESIDENT OF DOOR NO. 2-3, 64 SCHOOL STREET, KOTHAPATNAM, PRAKASAM DISTRICT, ANDHRA PRADESH. 3.THADIPONIA BALASUBRAMANYAM S/0. BRAHMAIAH, ABOUT 37 YEARS, OCC COOLIE, RESIDENT OF DOOR NO. 2-3, 64 SCHOOL STREET, KOTHAPATNAM, PRAKASAM DISTRICT, AGED }) ...PETITIONER/ACCUSED(S) AND 1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, AMARAVATI. 2.THOTA SUNIL BABU, S/0. SUBBARAO, AGED ABOUT 34 YEARS, AND MANDAL PRAKASAM R/0. KOTHAPATNAM VILLAGE DISTRICT, ANDHRA PRADESH. ...RESPONDENT/COMPLAINANT(S): 2 HNJ * Crl.P.No.6701 2025 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 quash the Cr. No. 40/2025 on the file of on the file of Kothapatnam P.S., Prakasam District lA NO: 1 OF 2025 Petition under Section 482 of Cr.P.C and 528 of BNSS prayingthat in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased Pleased to dispense with certified copy of Cr. No. 40/2025, dated 20.06.2025 on the file of on the file of Kothapatnam P.S. , Prakasam District before this Hon’ble Court and pass lA NO: 2 OF 2025 Petition under Section 482 of Cr.P.C and 528 of BNSS prayingthat in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased Pleased to stay for all further proceedings, including appearance of the accused 1 to 3 in Cr. No. 40/2025 on the file of on the file of Kothapatnam P.S., Prakasam District in pending disposal of the main criminal petition and pass Counsel for the Petitioner/accused(S): 1.KARRE SATYANANDAM Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 HNJ / Crl.P.No.6701 2025 The Court made the following Order: The petitioners are arraigned as Accused Nos.1 to 3 in FIR No.40 of 2025, on the file of Kothapatnam Police Station, Prakasam District, for the alleged offence under Sections 126(2), 118(1) r/w 3(5) of the BNS, 2023. 1. 2. Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor. Though the learned counsel for the petitioners 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\ 3. 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, Kothapatnam Police Station, Prakasam District, to follow the procedure contemplated under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita 2023 (for short, “BNSS”) insofar as the petitioners are concerned. as / 1 (2014) 8 see 273 4 HNJ Crl.P.No.6701 2025 fT. As a sequel, pending miscellaneous petitions, if any, shaJLstand closed. SOI- KJ.RAJA BABU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The SHO Kothepatnam Police Station Prakasam District. 2. One CC to SRI. KARRE SATYANANDAM Advocate [OPUC] 3. Two CCs to the Public Prosecutor High Court of Andhra Pradesh at Amaravathi [OUT] 4. Three CD Copies SD TAC \ ' \ y HIGH COURT DATED:02/07/2025 ORDER CRLP NO. 6701 OF 2025 ^(SEP aia SectisjjpXi^- f' ' O'. 'rr. DISPOSING THE CRIMINAL PETITION