APHC010350222025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY,THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7344/2025 Between: 1. VALLABHASETTI VENKATARAMANA, S/O.V.SATYANARAYANA, AGED 30 YEARS, R/O.D.N0.6-246/A, SURYARAOPETA, RAJANAGARAM - 533 294 EAST GODAVARI DISTRICT, AP 2. VALLABHASETTI GOVINDU, (A-2) S/O.NAGESWARA RAO, AGED 24 YEARS R/O.D.NO.2-246, SURYARAOPETA KOTTA COLONY, RAJANAGARAM - 533 294 EAST GODAVARI DISTRICT, AP 3. THORATI NAGA DURGA RAO, (A-3) @ MANI TORATI S/O.SURYANARAYANA, AGED 35 YEARS R/O.D.NO.2-229, CHINNA RAMALAYAM VEEDHI VELUGUBANDA, RAJANAGARAM MANDAL - 533 294 EAST GODAVARI DISTRICT, AP 4. NELLURI RAMA KRISHNA, (A-4) S/O.NAGESWARA RAO, AGED 30 YEARS R/O.D.NO.2-79/1, SANTA MARKET STREET RAJANAGARAM - 533 294 E.G.DISTRICT, AP 5. ANNAMDEVARA RAGHAVENDRA RAO, (A-5) @ RAJESH ANNAMADEVARA S/O.VEERA VENKATA SATYANARAYANA AGED 37 YEARS, R/O.D.NO.4-31, SANA VARI STREET RAJANAGARAM (V) AND MANDAL - 533 294 E.G.DISTRICT,ANDHRA PRADESH 6. MATTA SURESH, S/O.SRINU (A-6) @ NARESH MATTA AGED 26 YEARS, R/O.D.NO.6-279, SURYARAOPETA RAJANAGARAM VILLAGE AND MANDAL - 533 294 EAST GODAVARI DISTRICT, ANDHRA PRADESH 7. PALLA VAMSI KUMAR, (A-7) S/O.SRINIVASU, AGED 28 YEARS R/O.D.NO.6-151, RAMALAYAM VEEDHI SURYARAOPETA, 2 RAJANAGARAM - 533 294 EAST GODAVARI DISTRICT, AP ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH SHO RAJANAGARAM POLICE STATION EAST GODAVARI DISTRICT, REP.BY PUBLIC PROSECUTOR HIGH COURT OF ANDHRA PRADESH AT AMARAVATI 2. MADE SURESH, S/O.DEVARAJ AGED 40 YEARS, OCC CLERK- CUM-CASHIER IN WINE SHOP, R/O.D.NO.4-299/32 LAKSHMIPATHI NAGAR, DIVANCHERUVU RAJANAGARAM MANDAL, E.G.DISTRICT ANDHRA PRADESH. ...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 Courtmay be pleased to call for the records in FIR No.267/2025 dt.07-07-2025 on the file of the Station House ^ Officer, Rajanagaram Police Station, East Godavari District, Andhra Pradesh and quash the same as the same is illegal, abuse of process of law and pass such 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 may be pleased to grant stay of all further proceedings including arrest of the petitioners/A-1 to A7 in FIR No.267/2025 dt.07-07-2025 on the file of the Station House Officer, Rajanagaram Police Station, East Godavari District, Andhra Pradesh pending disposal of the main criminal petition and may pass such Counsel for the Petitioner/accused(S): 1. YASWANTH GADE Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 The Court made the following: ORDER: The instant Criminal Petition, under Section 528 of B.N.S.S., 2023 (u/s.482 of the Code of Criminal Procedure, 1973) has been filed by the Petitioners/Accused, seeking quashment of the entire proceedings in FIR No.267 of 2025, on the file of the Station House Officer, Rajanagaram Police Station, East Godavari District. 2. Heard learned counsel for the petitioners and Ms. K.Priyanka Lakshmi learned Assistant Public Prosecutor representing the State. 3. Learned counsel for the petitioners would submit that the petition may be disposed of by giving protection to the petitioners vide guidelines of the Hon’ble Apex Court in Arnesh Kumar v. State of Bihar1. 4. Learned Assistant Public Prosecutor, on instructions, would submit that the offence registered against the petitioners is punishable with less than seven years period of imprisonment and necessary direction may be given to the concerned Station House Officer. 5. 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 petitioners, concerned police authorities are directed to scrupulously follow the procedure prescribed under Section 35 (3) of BNSS, [41-A 1 (2014) 8 SCC 273 4 Cr.P.C.] and the guidelines laid down by the Hon’ble Supreme Court in Arnesh Kumar’s case (supra). 6. 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 he feels aggrieved by the same. 7. Accordingly, the Criminal Petition is disposed of. Pending applications, if any, shall stands closed. ______________________________________ Dr.VENKATA JYOTHIRMAI PRATAPA,J Date: 15.07.2025 MH 5 50 HON’BLE Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.7344 of 2025 Dt.15.07.2025 MH