APHC010376152025 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: 7744/2025 Between: 1. PRASAD REDDY SABILLA, S/O LATE SABILLA SUBBA REDDY AGED ABOUT 66 YEARS. MANAGING DIRECTOR, SARATH INDUSTRIES LIMITED, R/O VENKANNA PALEM VILLAGE, NELLORE DISTRICT, ANDHRA PRADESH. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI. 2. MALA KONDAIAH GURRAM, MALA KONDAIAH GURRAM, S/O LATE GURUNADHAM AGED ABOUT 66 YEARS, R/O BHIMAVARAM, WEST GODAVARI DISTRICT, ANDHRA PRADESH. ...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 F I R.NO. 93 OF 2024 On the file of Bhimavaram I Town Police Station, West Godavari District, U/s 420 of IPC against the Petitioner, 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 may be pleased to dispense with the filing of the 2 Certified Copy of F.I.R.NO. 93 OF 2024 On the file of Bhimavaram I Town Police Station, West Godavari 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 may be pleased to stay of all further proceedings in F.I.R.NO 93 OF 2024 On the file of Bhimavaram I Town Police Station, West Godavari District, U/s 420 of IPC and including ' appearance of the Petitioner, pending disposal of the CrI.P., and pass Counsel for the Petitioner/accused: 1. T V P SAI VIHARI Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: 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 Petitioner/Accused, seeking quashment of the entire proceedings against him in Crime No.93 of 2024, on the file of Bhimavaram I Town Police Station, West Godavari District. 2. Heard Sri T.V.P.Sai Vihari, learned counsel for the petitioner and Ms. K.Priyanka Lakshmi learned Assistant Public Prosecutor representing the 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 offence 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. b. In the event of any coercive action sought to be taken against the petitioner, 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 petitioner is 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 62 HON’BLE Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.7744 of 2025 Dt.24.07.2025 JLV