APHC010364592025 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: 7564/2025 Between: 1. PAGADALA CHINNA LINGAIAH, S/O.NARASAIAH, AGED ABOUT 77 YEARS, R/O.H.NO.2-38, KINDI BAZAR, CHENNAMPALLI PULLALA CHERUVU, PRAKASAM DISTRICT. 2. PAGADALA ANKAMMA, W/O. PAGADALA CHINNA LINGAIAH, AGED ABOUT 68 YEARS R/O.H.NO.2-38, KINDI BAZAR, CHENNAMPALLI, PULLALA CHERUVU, PRAKASAM DISTRICT. 3. TUNGA KOTAMMA, W/O. BALA SUBBAIAH, AGED ABOUT 35 YEARS R/O.KINDI BAZAR, CHENNAMPALLI, PULLALA CHERUVU, PRAKASAM DISTRICT. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS SPECIAL PUBLIC PROSECUTOR HIGH COURT BUILDINGS AT VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. THROUGH THE S.H.O., DORNALA POLICE STATION, DORNALA, PRAKASAM DISTRICT. 2. BHUPATHI BHRAMARAMBA, W/O.MALIKARJUN, AGED ABOUT 27 YEARS, R/O.PEDDA BOMMALAPURAM VILLAGE, DORNALA MANDAL, PRAKASAM 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 entire records in F.I.R. No.38 of 2025, dt; 16-05-2025 on the file of S.H.O., Dornala Police Station, Dornala, Prakasam District, for the offences under Sec.85 BNS, 3 and 4 of D.P.Act and quash the same as abuse of process of law against the petitioners/Accused No.2 to 4 and pass 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 pleased to dispense with the filing of certified copy of F.I.R. No.38 of 2025, dt;16-05-2025 on the file of S.H.O., Dornala Police Station, Dornala, Prakasam District, for the 2 offences under Sec.85 R/\N.3 (5) of B.N.S. and Sec.3 & 4 of D.P. Act, for time being and pass 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 PLeased to grant stay of all further proceedings including arrest of the petitioners/Accused 2 to 4 in F.I.R. No.38 of 2025, dt:16-05-2025 on the file of S.H.O., Dornala Police Station, Dornala, Prakasam District, for the offences under Sec.85 RAA/.3 (5) of B.N.S. and Sec.3 & 4 of D.P. Act, pending disposal of the above Criminal Petition and pass 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 4, to quash the proceedings in Crime No.38 of 2025 of Dornala Police Station, Prakasam District, registered for the offences punishable under Sections 85 read with 3(5) 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.7564 of 2025 Dt.22.07.2025 ASR