APHC010364602025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7530/2025 Between: 1. PANCHAGNULA HAIMAVATHI @ HYMA, W/O.AMARA NARASIMHAM, AGED ABOUT 43 YEARS, R/O.D.NO.9-332, NEAR SAI BABA STREET, 9TH WARD KANIGIRI, PRAKASHAM DISTRICT - 523 230. 2. EDARA DIVYA KRISHNA @ DIVYA,, EDARA NAGARAJU SHARMA, AGED ABOUT 27 YEARS, R/O. D. NO. 1-128, SATYAVOLU GRAMAM, YEDAVALLI PRAKASHAM DISTRICT - 523 356. 3. PANCHAGNULA RAJYA LAKSHMI,, W/O.LAKSHMI NARASAIAH, AGED ABOUT 70 YEARS, R/O.D.NO.9-323, NEAR SAI BABA STREET, 9TH WARD KANIGIRI, PRAKASHAM DISTRICT - 523 230. 4. PANCHAGNULA AMARA NARASIMHAM @ AMAR,, S/O. LAKSHMI NARASAIAH, AGED ABOUT 51 YEARS, R/O.D.NO.9- 332, NEAR SAI BABA STREET, 9TH WARD KANIGIRI, PRAKASHAM DISTRICT - 523 230. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PUBLIC PROSECUTOR HIGH COURT BUILDINGS, AT VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. THROUGH THE S.H.O, NUNNA P.S., NTR POLICE COMMISSIONARATE, VIJAYAWADA. 2. LANKA MANASA, W/O.SAI KIRAN, AGED ABOUT 24 YEARS R/O.D.NO.77-87/1-4/6, PRASANTHI NAGAR, PAYAKAPURAM, VIJAYAWADA, KRISHNA 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 Courtmay be pleased to call for the entire records in F.I.R. No.251 of 2025, dated 13-06-2025 on the file of S.H.O, Nunna P.S., NTR Police Commissionarate, Vijayawada under Sections 85 of B.N.S and Sec. 3 & 4 of D.P. Act and quash the same as abuse of process of law against the petitioners/Accused 2 to 5 herein and pass such 2 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 grant stay of all further proceedings including arrest of the petitioners/Accused 2 to 5 in F.I.R. No.251 of 2025, dated 13-06-2025 on the file of S.H.O, Nunna P.S., NTR Police Commissionarate, Vijayawada, under Sections 85 of B.N.S and Sec. 3 & 4 of D.P. Act, pending disposal of the above Criminal Petition and pass such Counsel for the Petitioner/accused(S): 1. SAI GANGADHAR CHAMARTY 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 Petitioners herein/Accused Nos.2 to 5, to quash the proceedings in Crime No.251 of 2025 of Nunna Police Station, NTR Police Commissionerate Vijayawada, registered for the offences punishable under Section 85 of BNS and Sections 3 and 4 of the Dowry Prohibition Act. 2. Heard learned counsel for the petitioners and the learned Assistant Public Prosecutor representing the respondent/State. 3. Learned counsel for the petitioners 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 Bihar1. 4. Learned Assistant Public Prosecutor, on instructions, would submit that the offences registered against the petitioners are punishable with 1 (2014) 8 SCC 273 3 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 the Bharatiya Nagarik Suraksha Sanhita, 2023, and the guidelines laid down by the Hon’ble Supreme Court in Arnesh Kumar’s case (supra). 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. 7. Accordingly, the Criminal Petition is disposed of. Pending applications, if any, shall stands closed. __________________________________________ Dr. VENKATA JYOTHIRMAI PRATAPA, J Date: 22.07.2025 ASR 4 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.7530 of 2025 Dt.22.07.2025 ASR