APHC010351822025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE FOURTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7285 OF 2025 Between; Saladhi Ramgopal, S/o Nageswarrao, Aged 35 Years, Flate No. 102, Sarupya apartments, Kanuru, Vijayawada rural, Krishna District ...PETITIONER/ ACCUSED AND 1. The State of Andhra Pradesh, Through SHO, Ajith Singh Nagar Police Station, Rep. By its Public Prosecutor, High Court of Andhra Pradesh at Amaravathi 2. Madhiri Siva, (defacto complainant), S/o Mahankaleswara Rao, H.No. 43-81-6, Ajith Singh Nagar, Vijayawada City, NTR District. ...RESPONDENTS 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 in FIR No. 520 of 2023, U/s 420 of I PC on the file of the Ajith Singh Nagar Police Station, Vijayawada City, NTR 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 in FIR No. 520 of 2023, U/s 420 of IPC on the file of the Ajith Singh Nagar Police Station, Vijayawada City, pending disposal of the petition including appearance. Counsel for the Petitioner ADVOCATE Counsel for Respondent No.1 : THE PUBLIC PROSECUTOR, HIGH COURT OF A.P Counsel for Respondent No.2: - The Court made the following ORDER : : SRI MANTAPAMPALLE RAMPRASAD, 1 APHC010351822025 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: 7285/2025 Between: 1.SALADHI RAMGOPAL, S/0 NAGESWARRAO, FLATE NO. 102, KANURU VIJAYAWADA RURAL, SARUPYA APARTMENTS KRISHNA DISTRICT ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, THROUGH SHO, AJITH SINGH NAGAR POLICE STATION REP. BY ITS PUBLIC PROSECUTOR HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI 2.MADHIRI SIVA DEFACTOCOMPLAINANT, S/0 MAHANKALESWARA RAO, H.NO. 43-81-6, AJITH SINGH NAGAR, VIJAYAWADA CITY, NTR 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. 520 of 2023 U/s 420 of IPC on the file of the Ajith Singh Nagar Police Station, Vijayawada City, NTR 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 2 High Court may be pleased to dispense with the filing of certified copy of FIR No. 520 of 2023 U/s 420 of IPC on the file of the Ajith Singh Nagar Police Station, Vijayawada City, NTR District and receive the main criminal Petition on file in the interest of justice and to 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 in FIR No. 520 of 2023 U/s 420 of IPC on the file of the Ajith Singh Nagar Police Vijayawada City, pending disposal of the petition including pass such other order or orders. Counsel for the Petitioner/accused: 1.MANTAPAMPALLE RAMPRASAD Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: ORDER: Station, appearance and 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.520 of 2023 of Ajith Singh Nagar Police Station, Vijayawada City, registered for the punishable under Section 420 I.P.C. offence 2. Heard Sri M.Ramprasad, learned counsel for the Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor respondent-State. petitioner and on behalf of the 3. Learned counsel for the Petitioner would submit that the offence i: punishable below seven years of imprisonment and a direction may be given IS 3 to the Police to follow the guidelines issued by Hon’ble Apex Court in Arnesh 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 offence registered against the petitioner is punishable with less than years period of imprisonment and necessary direction may be given to the concerned Station House Officer. 4. seven 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 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 6. closed. ^(2014) 8 see 273 SD/- G.HELA NAIDU ASSISTANT REGISTRAR //TRUE COPYII SEGTION OFFieER To, 1. The Station House Officer, Ajith Singh Nagar Police Station Vijayawada, NTR District. 2. One CC to Sri Mantapampalle Ramprasad, Advocate [OPUC] 3. Two GO’S to the Public Prosecutor, High Court of A.P at Amaravathi [OUT] 4. Two CD Copies GPC TAG HIGH COURT DATED: 14/07/2025 ORDER CRLP NO. 7285 OF 2025 DISPOSING OF THIS CRIMINAL PETITION