• N V V ■ , I APHC010351672025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT \ THE HON’BLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7291 OF 2025 Between: Brahma Srinivasa Rao, S/o.Prasad Babu, aged about 55 years, D.No. 1-17/5, Lambadi Street, Near Ankamma Temple, Ongole, Prakasam District. ...Petitioner/Accused No.1 AND 1. The State of Andhra Pradesh, through S.H.O., Dargamitta PS, SPSR Neilore District, Rep. by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati. ...Respondent 2. Buddabathuni Venkata Siva Lavanya, W/o.Suryanarayna Rao, aged about 30 years, Chirala Town, Bapatia District. Erstwhile Prakasam District. ...Respondent/Defacto Complainant Petition filed under Section 482 of Cr.P.C/Section528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased 2023 dated 30-08-2023 lA NO: 1 OF 709/; to quash the FIR in Crime No.593 of on the file of Ongole Taluk, Prakasam District. Petition filed under Section 482 of Cr.P.C/Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Criminal Petition High Court may be pleased to dispense of First Information Report No.593 of the with filing of the original/certified 2023, dated 30-08-2023 on the file of - Court. copy Ongole Taluk Police Station before this Hon’ble lA NO: 2 OF 707/; Petition filed under Section 482 of Cr.P.C/Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Criminal Petition, the High Court may be pleased to grant stay all further proceedings in Crime No. 593 of 2023 dated 30-08-2023 on the file of Ongole Taluk, Prakasam District. Counsel for the Petitioner: Smt Kopparthi Sumathi Counsel for the Respondent No.1; Ms.K.Priyanka Lakshmi, Assistant Public Prosecutor Counsel for the Respondent No.2:- The Court made the following: APHC010351672025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) r [3396] TUESDAY,THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7291/2025 Between: 1. BRAHMA SRINIVASA RAO, S/0. PRASAD BABU AGED ABOUT 55 YEARS, D. NO. 1-17/5, LAMBADI STREET, NEAR ANKAMMA TEMPLE ONGOLE, PRAKASAM DISTRICT. ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA S.H.O.DARGAMITTA PS. SPSR NELLORE DISTRICT, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT AMARAVATI. 2.BUDDABATHUNI VENKATA SIVA LAVANYA, W/0. SURYANARAYNA AGED ABOUT 30 YEARS, CHIRALA TOWN, BAPATIA DISTRICT. ERSTWHILE PRAKASAM DISTRICT. PRADESH, THROUGH RAO ...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 quash the FIR in Crime No. 593 of 2023 dated 30-08-2023 on the file of Ongole Taluk, Prakasam district and pass 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 may be pleased to dispense with filing of the W' 2 original / certified copy of First Information Report No. 593 of 2023, dt. 30-08- 2023 on the file of Ongole Taluk Police Station before this Hon’ble Court and pass 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 may be pleased to grant stay of all further proceedings in Crime No 593 of 2023 Dated 30-08-2023 on the file of Ongole Taluk.Prakasam District and pass Counsel for the Petitioner/accused: 1.KOPPARTHI SUMATHI 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 Petitioner/Accused No.1, seeking quashment of the entire proceedings against him in Crime No.593 of 2023, Ongole Taluk Police Station, Prakasam District. Heard learned counsel for the petitioner and Ms. K.Priyanka Lakshmi 2. learned Assistant Public Prosecutor representing the State. 3. Learned counsel for the petitioner 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 Bihar\ Learned Assistant Public Prosecutor, on instructions, would submit that 4. the offence registered against the petitioner is punishable with less than seven years period of imprisonment and necessary direction may be given to 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, [41-A (2014) 8 see 273 4 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. 7. 8. Accordingly, the Criminal Petition is disposed of. Pending applications, if any, shall stands closed. Sd/- A VIJAYA BABU ASSISTANTREGISTRAR //TRUE COPY// SECtTON OFFICER To, 1. The Station House Officer, Ongole Taluk Police Station, Prakasam District. 2. One CC to Smt. Kopparthi Sumathi, Advocate [OPUC] 3. Two CC’s to the Public Prosecutor, High Court of Andhra Pradesh Amaravati [OUT] 4. Two CD Copies at BSV vna HIGH COURT DATED:15/07/2025 * J5 m m S ^ . Current Sieciion ^^Sssj^^SPATCV^ ORDER CRLP NO. 7291 OF 2025 •a DISPOSING OF THE CRIMINAL PETITION