APHC010353422025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE SEVENTEENTH DAY OF JULYlS M TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI CRIMINAL PETITION NO: 7343 OF 7()9R of PRATAPA Between: Rajavarapu Naga Malleswara Rao, S/o.Subba Rao 58 years, R/o.Door No.11-296, Behind Library, Kanchikacherla and Mandal NTR District. Hindu, aged about Village ...Petitioner/Accused AND 1. The State, S.H.O., Kanchikacherla Police Prosecutor, High Court for the State of Andhra Pradesh 2. Alluri Bhaskara Rao, R/o.Alluru Village, Veerullapadu District. Station, Rep by its Public at Amaravati. Mandal, NTR ...Respondents Petition filed under Section 528 of BNSS praying that in the Circumstances stated in the Memorandum of Grounds of Criminal High Court may be pleased to call for the Petition, the records pertaining to Crime No.50 of 2025 filed by Station House Officer, Kanchikacherla and QUASH the Criminal Proceedings in Crime No.50 of 2025. lA NO: 2 OF 2025 Petition filed under 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 of all further proceedings of investigation in Crime No.50 of 2025 of Kanchikacherla Police Station and QUASH the Criminal Proceedings in Crime No.50of 2025 of Kanchikacherla Police Station. Counsel for the Petitioner: Sri Vemuru VP Lakshminarasimha Murthy Counsel for the Respondent No.1: Assistant Public Prosecutor Counsel for the Respondent No.2: Sri P.V.N.Kiran Kumar The Court made the following: .9U APHC010353422025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0;^!0 [3396] ■:-u THURSDAY, THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7343/2025 Between: 1.RAJAVARAPU NAGA MALLESWARA RAO, S/0 SUBBA RAO HINDU, AGED ABOUT 58 YEARS, R/0 DOOR NO. 11-296’ BEHIND LIBRARY, KANCHIKACHERLA VILLAGE AND MANDAL NTR DISTRICT ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, S.H.O., KANCHIKACHERLA POLICE STATION, REP BY ITS PUBLIC PROSECUTOR, HIGH COURT FOR THE STATE OF ANDHRA PRADESH AND THE STATE OF A.P, HYDERABAD. 2.ALLURI BHASKARA RAO, R/0 ALLURU VILLAGE, VEERULLAPADU MANDAL, 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 Courtpleased to call for the records pertaining to Crime No.55/2025 filed by Station House Officer, Kanchikacherla and QUASH the Criminal Proceedings in in Crime No.50/2025 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 pleased to dispense with filing of the original / certified copy of in Crime No.50/2025 of Kanchikacherla Police Station and QUASH the Criminal Proceedings in Crime No.50/2025 of Kanchikacherla Police Station 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 pleased to grant stay of all further proceedings of investigation in Crime No.50/2025 of Kanchikacherla Police Station and QUASH the Criminal Proceedings in Crime No.50/2025 of Kanchikacherla Police Station and pass Counsel for the Petitioner/accused: 1.VEMURU VP LAKSHMINARASIMHA MURTHY Counsel for the Respondent/complainant(S); 1 PUBLIC PROSECUTOR The Court Made the Follovmig_Qlder: The instant Criminal Petition is BNSS, by the petitioner herein, to of 2025 of Kanchikacherla Police Station, NTR District, registered for the Offence punishable under Section 318(4) of BNS. Heard Sri V.V.P.LN.Murthy the learned Assistant Public No.1/State and Sri P.V.N.Kiran Kumar, learned counsel appearing filed under Section 528 of the quash the proceedings in Crime No.50 learned counsel for the petitioner and 2. Prosecutor representing the respondent on behalf of respondent No.2. counsel for the petitioner would submit that the petition Learned 3. may be disposed of by giving protection to the petitioner vide guidelines of the Hon'ble Apex Court in Amesh Kumar v. State of B/tiar’. instructions, would submit Learned Assistant Public Prosecutor, on that the offence registered against the petitioner is punishable with less 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. 4. than seven years (2014) 8 see 273 3 b. In the event of any coercive action sought to be taken against the petitioner, concerned police authorities scrupulously follow the procedure prescribed under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, 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. Accordingly, the Criminal Petition is disposed of. Pending applications, if any, shall stands closed. are directed to 6. 7. Sd/- K SRINIVASA RAJU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Station House Officer, Kanchikacherla Police Station District. 2. One CC to Sri Vemuru VP Lakshminarasimha Murthy, Advocate [OPUC] 3. One CC to Sri P.V.N.Kiran Kumar, Advocate [OPUC] 4. Two CCs to the Public Prosecutor, High Court of AP at Amaravati [OUT] 5. Two CD Copies Krishna BSV sree HIGH COURT DATED:17/07/2025 ORDER CRLP NO. 7343 OF 2025 21 AUG 2025 S *3:^ . Current Section . DISPOSING OF THE CRIMINAL PETITION