APHC010349662025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE FOURTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7245 OF 2025 Between: Thayyeti Venkatesh, S/o. Elumalai, Aged 27 years, R/o. 19-4-39, STV Nagar, Tirupati, Tirupati District ...Petitioner/Accused AND 1. V.Dayakar, S/o. V.Penchulaiah, Aged 37 years, R/o. H.No. 21-8-315/7, Sai Nagar, S.N. Puram, Tirupati, Tirupati District. ...Defacto Complainant 2. The State of Andhra Pradesh, rep by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati. ...Respondent Petition filed 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 quash the proceedings against the petitioner/accused in Cr. No.212 of 2025 of Tirupati East Police Station, Tirupathi District. lA NO: 2 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 against the petitioner/accused in Cr.No.212 of 2025 of Tirupati East Police Station, Tirupathi District. Counsel for the Petitioner: SRI D PURNACHANDRA REDDY Counsel for Respondent No.2: Public Prosecutor Counsel for Respondent No.1: -- The Court made the following Order: 1 APHC010349662025 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: 7245/2025 Between: 1.THAYYETI VENKATESH, /O. ELUMALAI, AGED 27 YEARS, R/0. 19-4- 39, STV NAGAR, TIRUPATI, TIRUPATI DISTRICT ...PETITIONER/ACCUSED AND 1.V DAYAKAR, S/O V. PENCHULAIAH, AGED 37 YEARS, R/0. H.NO. 21-8-315/7, SAI NAGAR, S.N. PURAM, TIRUPATI, TIRUPATI DISTRICT. 2.THE STATE OF ANDHRA PRADESH, REP BY ITS PUBLIC HIGH COURT OF ANDHRA PRADESH AT PROSECUTOR, AMARAVATI. ...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 against the petitioner/accused in Cr.No.212/2025 of Tirupati East Police Station, Tirupathi District 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 dispense with the filing of certified copy of the mm 2 FIR in Cr.No.212/2025 of Tirupati East Police Station. Tirupati District and pass such other order or orders. 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 all further proceedings against the petitioner/accused in Cr.No.212/2025 of Tirupati East Police Station, Tirupathi District and pass such other order or orders. Counsel for the Petitioner/accused: 1.D PURNACHANDRA REDDY Counsel for the Respondent/complainant(S); 1. PUBLIC PROSECUTOR 2. The Court made the following: ORDER: This Criminal Petition, under Section 528 of B.N.S.S., has been filed by the petitioner herein seeking quash of F.I.R. in Crime No.212 of 2025 of Tirupati East Police Station, registered for the offences punishable under Sections 318(4), 336(2), 336(3) of B.N.S. Heard Sri D.Purnachandra Reddy, learned counsel for the petitioner 2. and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the respondent-State. Learned counsel for the Petitioner would submit that all 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 3 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 the offences registered against the petitioner are punishable with less than seven years period of imprisonment and necessary direction may be given to the concerned Station House Officer. 4. Considering the submissions, this Criminal Petition is disposed of with 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 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). 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 5. 6. closed. ^ (2014) 8 see 273 Sd/- K SRINIVASA RAJU ASSISTANT REGISTRAR jr ^ SEeTION OFFieER //TRUE COPYII To, Officer, Tirupati East Police Station, Tirupathi 1. The Station House District. 2. One CC to Sri D.Purnachandra Reddy, Advocate [OPUC] 3. Two GO’S to the Public Prosecutor, High Court of Andhra Pradesh [OUT] 4. Three CD Copies GPC vna HIGH COURT DATED: 14/07/2025 ORDER CRLP NO. 7245 OF 2025 g 2 2 JUL 2025 ^ . Current aiecuon CO, DISPOSING OF THIS CRIMINAL PETITION