APHC010364952025 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: 7568/2025 Between: 1. B SRINIVASA RAO, S/O BODAKA NAIK, AGED ABOUT 61 YEARS, OCC DEPUTY EXECUTIVE ENGINEER, IRRIGATION DEPARTMENT, S.M.1 SUB DIVISION, ADDATEEGALA, ALLURI SITARAMA RAJU DISTRICT. NATIVE ADDRESSH.NO. 14-186, SVS NAGAR, ANGANWADI SCHOOL, MYLAVARAM (POST), MYLAVARAM, KRISHNA DISTRICT, ANDHRA PRADESH - 521230 ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF A.P., AMARAVATI, GUNTUR DISTRICT. 2. BURAKA LALITHA KUMARI, 2.W/O LATE VIJAYA NANDABABU, AGED ABOUT 42 YEARS, OCCOFFICE SUBORDINATE, IRRIGATION DEPARTMENT, R/O Y-JUNCTION, CHANDRABABU NAIDU COLONY, VELURU, AMALAPURAM MANDAL, DR. B.R. AMBEDKAR KONASEEMA 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 To Quash the FIR in Cr. No. 286/2025 on the file of Amalapuram Town Police Station for the offences under Sections 75 and 351(2) of BNS 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 certified copy of FIR in Or. No. 286/2025 on the file of Amalapuram Town Police Station, dated 12.07.2025 before this Hon’ble Court 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 eased to grant stay of all further proceedings in FIR in Cr. No. 286/2025 on the file of Amalapuram Town 2 Police Station for the offences under Sections 75 and 351(2) of BNS and pass Counsel for the Petitioner/accused: 1. MAKIREDDY MANOJ 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, to quash the proceedings in Crime No.286 of 2025 of Amalapuram Town Police Station, Dr.B.R. Ambedkar Konaseema District, registered for the offences punishable under Sections 75(1) and 351(2) of the BNS. 2. Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor representing the respondent No.1/State. 3. 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 Bihar1. 4. Learned Assistant Public Prosecutor, on instructions, would submit that the offences registered against the petitioner is 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. 1 (2014) 8 SCC 273 3 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). 6. 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. 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.7568 of 2025 Dt.22.07.2025 ASR