1 APHC010354732025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY, THE SIXTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7367/2025 Between: 1. DANDU KAMESWARI,, W/O.VINAYAKAM REDDY, AGED 54 YEARS,R/O.LINGESWAR NAGAR, TIRUPATHI DISTRICT. 2. N.YASODHA,, W/O.PURUSHOTHAM, AGED 34 YEARS, R/O.LINGESWAR NAGAR, AVILALA, TIRUPATHI RURAL MANDAL, TIRUPATHI DISTRICT. 3. C.BALAJI, ,S/O.C.KANNAIAH, AGED 45 YEARS, R/O.D.NO.19-8-11C, LINGESWAR NAGAR,AVILALA, TIRUPATHI RURAL) MANDAL,TIRUPATHI DISTRICT. 4. P.SETHUMADHAV., S/O.P.LINGAMURTHY, AGED 29 YEARS,R/O.LINGESWAR NAGAR, AVILALA,TIRUPATHI RURAL MANDAL, TIRUPATHI DISTRICT. 5. P.MOHAN,, S/O.CHANDRAIAH, AGED 36 YEARS,R/O.LINGESWAR NAGAR, AVILALA, TIRUPATHI RURAL MANDAL, TIRUPATHI DISTRICT. 6. I. SAI CHARAN,, S/O.L.RATAN SARMA, AGED 36 YEARS,R/O.D.NO.20-2-628, MARUTHINAGAR, KORLAGUNTA, TIRUPATHI DISTRICT. ...PETITIONER/ACCUSED(S) AND 2 1. THE STATE OF ANDHRA PRADESH, REP. BY PUBLIC PROSECUTOR,HIGH COURT OF ANDHRA PRADESH, AMARAVATI ON BEHALF OF STATION HOUSE OFFICER/INSPECTOR OF POLICE, TIRUPATHI RURAL POLICE STATION, TIRUPATHI DISTRICT 2. B RAMANJULU NAIK, S/O.VENKATA RAMANA NAIK, AGED 43 YEARS, TAHASILDAR,TIRUPATHI RURAL MANDAL, TIRUPATHI 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 may be pleased to pass an Order to quash the proceedings in F.I.R.No. 418 of 2025 of Tirupathi Rural Police Station, on the file of the 1st Respondent Tirupathi District against the petitioners/ accused and to pass such other order or orders. 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 pass an order to dispense with in filing the certified copy of F.I.R.No. 418 of 2025 of Tirupathi Rural Police Station, on the file of the 1st Respondent Tirupathi Districtin the above Criminal Petition and to pass such other order or orders. IA 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 pass an Order to not to take any coercive steps against the petitioners/accused in F.I.R.No. 418 of 2025 of Tirupathi Rural Police Station, on the file of the 1st Respondent Tirupathi District pending disposal of the above Criminal Petition and to pass such other order or orders. IA NO: 3 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 3 High Court may be pleased may be pleased to pass an Order to direct the 1st respondent inspector of police Tirupathi rural police station, Tirupathi District,to follow the guidelines and procedure laid down by the Judgment of Hon'ble Supreme Court in Arnesh Kumar Vs. State of Bihar, in the proceedings and pertains to petitioners/accused case in Crime number i.e., F.I.R.No. 418 of 2025 of Tirupathi Rural Police Station, Tirupathi District, since the alleged offences mentioned in the FIR punishments prescribed below 7 years, pending disposal of the above Criminal Petition and to pass such other order or orders. IA NO: 4 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 ay be pleased to pass an Order to grant stay of further proceedings in in F.I.R.No.418 of 2025 of Tirupathi Rural Police Station, on the file of the 1 Respondent Tirupathi District pending disposal of the above Criminal Petition and to pass such other order or orders. Counsel for the Petitioner/accused(S): 1. Dr MAJJI SURI BABU Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: ORDER: This Criminal Petition, under Section 528 of B.N.S.S., has been filed by the petitioners / accused seeking quash of F.I.R. in Crime No.418 of 2025 of Tirupati Rural Police Station, Tirupati District, registered for the offences punishable under Sections 329(3), 324(4), 132, 351(2), 61(2) r/w 3(5) of BNS and under Section 4 of APLGA. 4 2. Heard Sri Dr.Majji Suri Babu, learned counsel for the petitioners and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the respondent-State. 3. Learned counsel for the Petitioners would submit that the offences are 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 Kumar v. State of Bihar1, since Section 35(3) of B.N.S.S. is pari materia to Section 41-A of the Code of Criminal Procedure. 4. Learned Assistant Public Prosecutor, on instructions, would submit that the offences registered against the petitioners are 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 [Section 41-A Cr.P.C.,] and the guidelines laid down by the Hon’ble Supreme Court in Arnesh Kumar’s case (supra). 1 (2014) 8 SCC 273 5 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 they feels aggrieved by the same. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 16.07.2025 ARR 6 33 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7367/2025 Dt. 16.07.2025 ARR