APHC010373092025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY,THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7700/2025 Between: 1. PIDATHALA VENKATA SWAMY, S/O P.VENKATAIAH, AGE 40 YEARS, OCC CULTIVATION, R/O87-1101-T-35-T, KUMOOL TOWN, KUMOOL DISTRICT 2. ADBUTA KUMAR @ MEKALA ABUTH KUMAR, S/O M.P.SHELLAIAH, AGE. 19 YEARS, OCC.UNEMPLOYED, R/O 87-1103-M, KUMOOL TOWN, KUMOOL DISTRICT ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, BY PUBLIC PROSECUTOR, HIGH COURT OF AP, AMARAVATI 2. U SARADA, W/O NOOR KHAN, AGE. 43 YEARS, OCC. DOCTOR, R/O 97-1170, KUMOOL TOWN, KUMOOL 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 quash the proceedings in Cr.No.256 of 2025 on the file of Kumool III Town Police Station, Kumool District as against the Petitioners/Accused herein 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 2 High Court may be pleased Pleased to dispense with filing of Certified Cr.No.256 of 2025 on the file pf Kumool III Town Police Station, Kumool District 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 stay all further the Proceedings in Cr.No.256 of 2025 on the file of Kumool III Town Police Station, Kumool District as against the Petitioners, pending disposal of the Quash Petition and pass Counsel for the Petitioner/accused(S): 1. N CHANDRA SEKHAR REDDY Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 The Court made the following: ORDER: The instant Criminal Petition, under Section 528 of B.N.S.S., 2023 (u/s.482 of the Code of Criminal Procedure, 1973) has been filed by the Petitioners/Accused, seeking quashment of the entire proceedings against them in Crime No.256 of 2025, on the file of Kurnool III Town Police Station, Kurnool District. 2. Heard Sri N.Chandra Sekhar Reddy, learned counsel for the petitioners and Ms. K.Priyanka Lakshmi learned Assistant Public Prosecutor representing the 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 offence registered against the petitioners 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. b. In the event of any coercive action sought to be taken against the petitioners, concerned police authorities are directed to scrupulously 1 (2014) 8 SCC 273 4 follow the procedure prescribed under Section 35 (3) of BNSS, [41-A Cr.P.C.] 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 feel 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: 24.07.2025 JLV 5 114 HON’BLE Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.7700 of 2025 Dt.24.07.2025 JLV