APHC010328122025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6938/2025 Between: 1. KORRA GOPICHANDH NAIK ALIAS GOPI CHANDU, S/O K. SAKKRU NAIK, AGED ABOUT. 20, 2-62/3, JUPUDI, VTC KILESAPURAM VILLAGE IBRAHIMPATNAM, KRISHNA DISTRICT. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AMARAVATHI. 2. BANAVATH YADAGIRI, S/O. NAGULU, AGED 39 YRS,R/O. THANDA BAZAR, KILESAPURAM VILLAGE, IBRAHIMPATNAM. ...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 to quash the FIR.No. 241 of 2025 on the file of the P.S. Ibrahimpatnam, NTR commissionerate district and 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 the original certified copy of FIR.No. 241 of 2025, dated 11.05.2025 on the file of on the file of the P.S. Ibrahimpatnam, NTR Commissionerate District before this Hon’ble Court and pass 2 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 and detention of the Petitioner/Accused No. 5, in FIR.No. 241 of 2025 on the file of the P.S. Ibrahimpatnam, NTR commissionerate district and pass Counsel for the Petitioner/accused: 1. BALA KRISHNA MANDAPATI Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 The Court made the following Order: The petitioner is arrayed as accused No.5 in Crime No.241 of 2025 of Ibrahimpatnam Police Station, NTR Commissionerate district, for alleged offences under Sections 324(4), 118(1) read with 3(5) 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, 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, Ibrahimpatnam Police Station, NTR Commissionerate 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. The petitioner is also directed to cooperate with the investigation. 6. Pending miscellaneous petitions, if any, shall stand closed. ______________________ JUSTICE HARINATH.N Date : 08.07.2025 BMS 1 (2014) 8 SCC 273