1 APHC010347622020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 5619/2020 Between: 1. MADIGA KOILAKUNTLA MALLESH,, S/O MADIGA DASAPPA, AGED ABOUT 45 YEARS, OCC. HOTEL BUSINESS, 2. MADIGA CHITTEMMA, W/O MADIGA KOILAKUNTLA MALLESH AGED ABOUT 40 YEARS, HOUSE WIFE, 3. MADIGA RANGASWAMY, S/O MADIGA KOILAKUNTLA MALLESH AGED ABOUT 24 YEARS, STUDENT, 4. GANGADHARA, S/O MADIGA KOILAKUNTLA MALLESH AGED ABOUT 40 YEARS, STUDENT ALL ARE RIO KASTHURI HOTEL, OPP. MARKET YARD, GOOTY ROAD, N.T.R. CIRCLE, PATHIKONDA VILLAGE AND POST. PATHIKONDA MANDAL, KURNOOL DIST, 518380,) ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT BUILDING, AMARAVATHI, 2. STATION HOUSE OFFICER, PRATHIKONDA POLICE STATION PRATHIKONDA, KURNOOL DISTRICT 3. BOYA SRIKANTH, S/O B.MOHAN RAO, AGED 25 YEARS, R/O RAMACHANDRAPURAM VILLAGE, PATHIKONDA MANDAL, 2 KURNOOL 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 Court pleased to call for the records in FIR No. 372/2020, dt.15.10.2020 on the file of Pathikonda Police Station, Kurnool District and quash the same directing not to proceed further and pass such other order or orders. IA NO: 1 OF 2020 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 pursuance of FIR No. 372/2020, dt. 15.10.2020 on the file of Pathikonda Police Station, Kurnool District including arrest of the petitioners, pending disposal of the present Criminal Petition and further pass such other order or orders. Counsel for the Petitioner/accused(S): 1. M SRIKANTH Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR (AP) The Court made the following: ORDER : When the matter is taken up for hearing, learned counsel for the petitioner would submit that, without causing any prejudice to the rights and contentions of the petitioners, the petition may be disposed of. 2. Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor representing the respondent-State is in attendance. 3 3. In that view, this Criminal Petition is disposed of without causing any prejudice to the rights and contentions of the petitioners. This Court makes it clear that this Court has not expressed anything touching the merits of the case. The police are directed to follow the guidelines issued by Hon’ble Apex Court in Arnesh Kumar v. State of Bihar1. However, the petitioners are at liberty to challenge the charge sheet, if any, at appropriate time. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 21.07.2025 ARR 1 (2014) 8 SCC 273 4 301 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 5619/2020 Dt. 21.07.2025 ARR