APHC010331902025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE SIXTEENTH DAY OF TWO THOUSAND AND TWENTY FIVE'- PRESENT HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION No.7274 of 2025 Between: 1. Gollapally Venkat Rao @ Venkata Rao, S/o. Venkaiah, aged about 66 years, R/o. Near Old Sugali Colony, 3'^ Ward, Sattenapalli, Palnadu District, Andhra Pradesh. 2. Challa Venkateshwarlu, S/o. Ramaiah, aged about 33 years, R/o. Aashram Bazar, Piduguralla, Palnadu District, Andhra Pradesh. 3. Challa Shivamma, W/o. Ankamma Rao, aged about 53 years, R/o. 19- 9-16, Bypass Road, Near Municipal Office, Sattenapalli, Palnadu District, Andhra Pradesh. ...Petitioners/Accused AND 1. The State of Andhra Pradesh, Duly represented through the Public Prosecutor, High Court Andhra Pradesh at Amaravati. ...Respondent No.f 2. Patlaviti Mohammad Shafi, S/o. Pedda Bude, aged about 30 Years,< : Occ: Municipal Surveyor, Sattenapalli Municipality, R/o. Atiuri Street, , Ward No.5, Sattenapalli Town, Sattenapalli, Palnadu District, AP - 522403. ...Respondent No.2/De-facto Complaihaht Petition under Section 528 of BNSS praying that in the circumstahces stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to allow the present criminal petition by quashing the FIR. NO. 168 of 2024 on the file of the Sattenapalli Town Police Station, Painadu District for the alleged offences punishable 2025 under Sections 318(4), 336(3), 340(2) r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023. lA NO: 1 OF 2025 Petition under Section 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 all further proceedings in FIR.No.168 of 2024 on the file of the Sattenapalli Town Police Station, Painadu District, pending disposal of the Criminal Petition. Doddala Prudhvi Teja Counsel for Respondent No.1: Public Prosecutor Counsel for Respondent No.2: None Appeared The Court made the following order: Counsel for the Petitioners 1 APHC010331902025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY, THE SIXTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7274/2025 Between: S/0. 1 GOLLAPALLY VENKAT RAO ALIAS VENKATA RAO R/0. NEAR OLD SUGALI VENKAIAH, AGED ABOUT 66 YEARS SATTENAPALLI, PALNADU DISTRICT, ANDHRA COLONY, WARD PRADESH. 2 CHALLA VENKATESHWARLU,, S/0. RAMAIAH, AGED ABOUT 33 PALNADU R/0. AASHRAM BAZAR, PIDUGURALLA, YEARS, DISTRICT, ANDHRA PRADESH. 3.CHALLA SHIVAMMA,, W/O. ANKAMMA RAO, AGED ABOUT 53 R/0. 19-9-16, BYPASS ROAD, NEAR MUNICIPAL OFFICE, YEARS, SATTENAPALLI, PALNADU DISTRICT, ANDHRA PRADESH. ...PETITIONER/ACCUSED(S) AND 1.THE STATE OF ANDHRA PRADESH, DULY REPRESENTED THROUGH THE PUBLIC PROSECUTOR, HIGH COURT ANDHRA PRADESH AT AMARAVATI. 2.PATLAVITI MOHAMMAD SHAFT, S/0. PEDDA BUDE, AGED ABOUT 30 YEARS MUNICIPALITY, R/0. ATIURI STREET, WARD N0.5, SATTENAPALLI TOWN, SATTENAPALLI, PALNADU DISTRICT, AP - 522403. ...RESPONDENT/COMPLAINANT(S): OCC. MUNICIPAL SURVEYOR, SATTENAPALLI 2 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 Court pleased to allow the present criminal petition by quashing the FIR. No. 168 of 2024 on the file of the Sattenapalli Town Police Station, Palnadu District for the alleged offences punishable 2025 under Sections 318(4), 336(3), 340(2) r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023 and pass such other order or orders. 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 to stay all further proceedings in FIR. No. 168 of 2024 on the file of the Sattenapalli Town Police Station, Palnadu District, pending disposal of the Criminal Petition, and pass such other order or orders. Counsel for the Petitloner/accused(S); 1. DODDALA PRUDHVI TEJA Counsel for the Respondent/complainant(S): 1.PUBLIC PROSECUTOR The Court made the following: ORDER: This Criminal Petition, under Section 528 of B.N.S.S., has been filed by the petitioners / accused seeking quash of F.I.R. in Crime No. 168 of 2024 of Sattenapalli Town Police Station, Palnadu District, registered for the offences punishable under Sections 318(4), 336(3), 340(2) r/w 3(5) of BNS and under Section 4 of APLGA. 2. Heard Sri D.Prudhvi Teja, learned counsel for the petitioners and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the respondent-State. 3 Learned counsel for the Petitioners would submit that the offences are 3. punishable below seven years of imprisonment and a direction may be given to the Police to follow the guidelines issued by Hon’ble Apex Court in Arnesh Kumar v. State of Bihar\ since Section 35(3) of B.N.S.S. is pari materia to Section 41-A of the Code of Criminal Procedure. Learned Assistant Public Prosecutor, on instructions, would submit that t the offences registered against the petitioners are punishable with less than ^ seven years period of imprisonment and necessary direction may be given to 4. the concerned Station House Officer. Considering the submissions, this Criminal Petition is disposed of with 5. the following: a. Investigating Officer is at liberty to complete the investigation, in accordance with law. b. In the event of any coercive action sought to be taken against the petitioners, concerned police authorities are directed to scrupulously follow the procedure prescribed under Section 35 (3) of BNSS [Section 41-A Cr.P.C.,] and the guidelines laid down by the Hon’ble Supreme Court in Arnesh Kumar’s case (supra). *(2014) 8 see 273 4 It goes without saying that, if any charge sheet is filed in the above crime, the petitioners are at liberty to challenge the charge sheet, if they feels aggrieved by the same. As a sequel thereto, miscellaneous petitions pending, if any, shall stand 6. closed. Sd/- K SRINIVASA RAJU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Station House Officer, Sattenapalii Town Police Station, Palnadu District. 2. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh, Amaravathi[OUT] 3. One CC to Sri Doddala Prudhvi Teja, Advocate [OPUC] 4. THREE CD Copies. TK AL ♦ HIGH COURT DATED:16/07/2025 I QRDER CRLP No. 7274 of 2025 ) DISPOSING OF THE CRIMINAL PETITION