1 APHC010348962025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE FOURTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7256/2025 Between: 1. ADDAGADDA VENUGOPAL RAO, S/O.LATE A.VENKATESWARLU AGED ABOUT 57 YEARS, OCC BUSINESS, R/O.NAGULAPALEM VILLAGE, PURCHOOR MANDAL. PRAKASHAM DISTRICT, ANDHRA PRADESH. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF ANDHRA PRADESH. 2. BODHI SREENIVASA RAO, S/O.APPA RAO, AGED ABOUT 50 YEARS, OCC THE EXECUTIVE OFFICER, ENDOWMENT DEPARTMENT, SRI KOTHAMASU SUBBAIAH SHRESTHI SATRAM, OPP.KASTURIBA MUNICIPAL GIRLS SCHOOL, CHIRALA TOWN, BAPATLA 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 quash the proceedings in FIR No.73 of 2025, dated 17.05.2025, pending on the file of the SHO, PS, Cheerala - I town IA NO: 1 OF 2025 2 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 dispense with filing of the certified copy of the FIR No.73 of 2025, dated 17.05.2025, pending on the file of the SHO, PS, Cheerala - I town 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 to stay the entire proceedings in the FIR No.73 of 2025, dated 17.05.2025, pending on the file of the SHO, PS, Cheerala - I town pending disposal of the above Criminal Petition Counsel for the Petitioner/accused: 1. B.ABHAY SIDDHANTH MOOTHA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: ORDER: Heard learned counsel for the petitioner, Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor representing on behalf of the 1st respondent-State and Sri Kappera Koteswara Rao, learned Standing Counsel for Endowments, appearing on behalf of 2nd respondent. 2. Learned counsel for the petitioner would submit that the petitioner herein is A2, who has nothing to do with the affairs of the temple. It is alleged against him that A1 entered agreement of sale in the name of Choultry with A2 and he transferred amount of Rs.76,00,000/- to the account of A2. There is no entrustment of the property to A2 by the temple. Hence, the question of 3 committing the offence punishable under Section 409 IPC does not arise against the petitioner. Learned counsel would further submit that there may be direction to the police not to take any coercive steps against the petitioner, since either Section 406 IPC or Section 409 IPC i.e. Section 314 and 316(3) r/w 3(5) of BNS are attracted against the petitioner. 3. Learned Assistant Public Prosecutor representing on behalf of the State, opposed the petition. 4. In that view, the respondent-police are directed to follow the guidelines issued by Hon’ble Apex Court in Arnesh Kumar v. State of Bihar1, since Section 35(3) of B.N.S.S. is pari materia to Section 41-A of the Code of Criminal Procedure, since the offences registered against the petitioner are punishable with less than seven years period of imprisonment. 5. Accordingly, this Criminal Petition is disposed of with the following directions: 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 petitioner, 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). 1 (2014) 8 SCC 273 4 6. It goes without saying that, if any charge sheet is filed in the above crime, the petitioner is at liberty to challenge the charge sheet, if he feels aggrieved by the same. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 14.07.2025 ARR 5 180 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7256/2025 Dt. 14.07.2025 ARR