APHC010360432025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE SEVENTEENTH DAY OF JU TWO THOUSANDAND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7460 OF 2025 Between: Madena Chinnayya, S/o Late Madena Appala Swamy, Aged about 60 yrs, Occ: Advocate, R/o Flat No.501, Kanaka Mahalakshmi Enclave, Vivekananda Nagar, Endada, Visakhapatnam Rural, Visakhapatnam District. ...PETITIONER/ ACCUSED N0.1 AND 1. The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati. 2. K.Laxmi Prasanna, D/o KVN Swamy, Aged about 48yrs, Occ: known, R/o. D.No.39-17-7/4/1 not Ashok Nagar, Kancharapalem, Visakhapatnam City, Visakhapatnam District. The address for service of all notices and processes is that of his counsel; TATA Singaiah Goud (10679) Advocate, ThuHur, Amaravati, Guntur. ...RESPONDENTS/DEFACTO COMPLAINANT Petition filed 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 quash the proceedings against the Petitioner/Accused No.1 in Cr.No.500/2023 of Kancharapaiem Poiice Station, Visakhapatnam Commissionerate. lA NO: 2 OF 2025 Petition under Section 482 of Cr.P.C and 528 of BNSS the circumstances stated in the Memorandum of Grounds of Criminal Petition praying that in the High Court may be pleased to stay all further proceedings in Crime No; 500 of 2023 of Kancharapaiem Police Station, Visakhapatnam Commissionerate pending disposal of the main criminal petition. Counsel for the Petitioner Counsel for the Respondents : THE PUBLIC PROSECUTOR COURT OF A.P. The Court made the following ORDER : : SRI TATA SINGAIAH GOUD, ADVOCATE HIGH fr' * APHC010360432025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0pi0 [3396] THURSDAY, THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7460/2025 Between: 1.MADENA CHINNAYYA, S/0 LATE MADENA APPALA SWAMY AGED ABOUT 60YRS, OCC ADVOCATE, R/0 FLAT NO.501, KANAKA MAHALAKSHMI ENCLAVE, VIVEKANAN DA NAGAr! ENDADA, VISAKHAPATNAM RURAL, VISAKHAPATNAM DISTRICT. ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT AMARAVATI, 2.K LAXMI PRASANNA, D/0 KVN SWAMY, AGED ABOUT 48YRS, OCC- NOT KNOWN, R/0 D.NO.39-17-7/4/1, ASHOK NAGAr! KANCHARAPALEM, VISAKHAPATNAM CITY, VISAKHAPATNAM DISTRICT. THE ADDRESS FOR SERVICE OF ALL NOTICES AND PROCESSES IS THAT OF HIS COUNSEL TATA SINGAIAH GOOP (10679) DVOCATE, THULLUR, AMARAVATI, GUNTUR ...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 proceedings against the Petitioner/Accused No.l in Cr.No.500/2023 of Kancharapalem Police Station, Visakhapatnam Commissioner ate 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 the filing of the certified copy of FIR & Complaint in Crime No; 500 of 2023 commissionerate District,and pas 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 stay all further on the file of Kancharapalem Police Station, Visakhapatnam 'll I 2 proceedings in Crime No: 500 of 2023.of Kancharalem Police Station Visakhapatnam Commissioner ate pending disposal of the main criminal petition, and pass Counsel for the Petitioner/accused: 1.TATASINGAIAH GOUD Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court Made the Following Order: The instant Criminal Petition is filed under Section 528 of the BNSS, by the Petitioner/Accused No.1, to quash the proceedings in Crime No.500 of 2023 of Kancharapalem Police Station, Visakhapatnam Commissionerate, registered for the offences punishable under Sections 448, 509 and 354 read with 34 IPC. Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor representing the respondent/State. Learned counsel for the petitioner would submit that the petition may be disposed of by giving protection to the petitioner vide guidelines of the Hon’ble Apex Court in Arnesh Kumar v. State of Bihar\ Learned Assistant Public Prosecutor, on instructions, would submit that the offences registered against the petitioner are punishable with less than seven years period of imprisonment and necessary direction may be given to the concerned Station House Officer. 2. 3. 4. 5. Considering the submissions, this criminal petition is disposed of with the following; (2014) 8 see 273 3 r ' 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 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. 6. 7. SDI- A.VIJAY BABU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Station House Officer, Kancharapalem Police Station, Visakhapatnam Commissionerate, Visakhapatnam District. One CC to Sri Tata Singaiah Goud, Advocate [OPUC] Two CC’s to the Public Prosecutor, High Court of A.P. at Amaravathi [OUT] 2. 3. 4. Two CD Copies GPC TAC HIGH COURT DATED: 17/07/2025 ORDER CRLP NO. 7460 OF 2025 ^ 02 AUG 2025 ^ Co *veutr«llSMliMiXi^ DISPOSING OF THIS CRIMINAL PETITION