APHC010378342025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY. THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7769 OF 2025 Between: 1. Penmatsa Jagadeesh Raju, S/o. Satyanarayana Aged about 53 years Occ. Agriculturist, R/o Flat no. 403, 4 Apartment, Venkata Ramana Colony, Gokul Plots, KHPB, Kukatpally, Telangana State. th Floor Sri Lakshmi Castle 2. Gangaiah, S/o. Bakkaiah Aged about 32 years, Occ. Agriculturist, R/o 4-57, Rangareddy Palli, Racharla, Satyavolu, Prakasam, Andhra Pradesh. ...Petitioners/Accused No.1 & 2 AND 1. The State of Andhra Pradesh, Through PS. Lingala P.S.YSR Kadapa Rep by Public Prosecutor, High Court of Andhra Pradesh, Amaravati. ...Respondent No.1 2. P. Abhilash, S/o. Sreenivasulu, Aged 35 years, Occ. Sheep Business R/o Gunakanpalli Village, Lingala Mandal, YSR Kadapa District, Andhra Pradesh. ...Respondent No.2/Defacto Complainant Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to call for the records in F.I.R. No. 83 of 2025 dated 21/05/2025 lodged at PS Lingala, YSR Kadapa District. lA 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 to grant stay of all further proceedings F.I.R. No. 83 of 2025 dated 21/05/2025 lodged at PS Lingala, YSR Kadapa District. Counsel for the Petitioners: SRI LAKSHMIKANTH REDDY DESAI Counsel for the Respondent No.1: PUBLIC PROSECUTOR Counsel for the Respondent No.2: — The Court made the following ORDER: 1 APHC010378342025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7769/2025 Between: 1.PENMATSA JAGADEESH RAJU, S/0. SATYANARAYANA AGED ABOUT 53 YEARS, OCC AGRICULTURIST, R/0 FLAT NO. 403, 4TH FLOOR SRI LAKSHMI CASTLE APARTMENT, VENKATA RAMANA COLONY, GOKUL PLOTS, KHPB, KUKATPALLY, TELANGANA STATE 2.GANGAIAH, S/O BAKKAIAH AGED ABOUT 32 YEARS, OCC AGRICULTURIST, R/O 4-57, RANGAREDDY PALLI, RACHARLA, SATYAVOLU, PRAKASAM, ANDHRA PRADESH ...PETITIONER/ACCUSED(S) AND 1.THE STATE OF ANDHRA PRADESH, THROUGH PS. LINGALA P.S.YSR KADAPA REP BY PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, AMARAVATI. 2.P ABHILASH, S/O SREENIVASULU. AGED 35 YEARS, OCC SHEEP BUSINESS R/O GUNAKANPALLI VILLAGE, LINGALA MANDAL, YSR KADAPA DISTRICT, ANDHRA PRADESH ...RESPONDENT/COMPLAINANT(S): Petition under Section 437/433/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to call for the records in F.I.R. No. 83 of 2025 dated 21/05/2025 lodged at PS Lingala, YSR Kadapa District and quash the same and pass such 2 lA 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 to dispense with the filing of the Certified Copy of the F.I.R. No. 83 of 2025 dated 21/05/2025 lodged at PS Lingala, YSR Kadapa District, and pass such lA 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 grant stay of all further proceedings F.I.R. No. 83 of 2025 dated 21/05/2025 lodged at PS Lingala, YSR Kadapa District, including arrest/appearance of the Petitioners/Accused, pending disposal of the above Criminal Petition, and pass such Counsel for the Petitioner/accused{S): I.LAKSHMIKANTH REDDY DESAI Counsel for the Respondent/complalnant(S): 1. PUBLIC PROSECUTOR 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRIVIAI PRATAPA CRIMINAL PETITION NO: 7769/2025 ORDER: The instant criminal petition under Section 482 of the Code of Criminal Procedure. 1973 (for short ‘Cr.P.C)/under Section 528 of BNSS., has been filed by the Petitioners/Accused Nos.1 & 2, seeking quashment of the proceedings pending against them in Crime No.83 of 2025, of Lingala P.S., YSR Kadapa District registered for the offences punishable under Sections 318(4) r/w 3(5) of BNS. Heard Sri Lakshmikanth Reddy Desai, learned counsel for the Petitioners/Accused Nos.1 & 2 and Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. 2. 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 Bihar\ Learned Assistant Public Prosecutor, on instructions, would submit that the offences registered against the petitioners are punishable with less than seven years period of imprisonment and necessary direction may be given to the concerned Station House Officer. 4. Considering the submissions, this Criminal petition is disposed of with the following: 5. (2014) 8 see 273 4 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 BNSS., [Section 41-A Cr.P.C] and the guidelines laid down by the Hon’ble Supreme Court in Arnesh Kumar’s case (supra). It goes without saying that, if any charge sheet is filed in the above 6. crime, the petitioners are at liberty to challenge the charge sheet, if they feel aggrieved by the same. In the result, the Criminal Petition is disposed of. 7. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. Sd/- M RAMESH BABU DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Station House Officer, PS. Lingala P.S.YSR Kadapa District. 2. One CC to Sri. Lakshmikanth Reddy Desai, Advocate [OPUC] 3. Two CCs to Public Prosecutor, High Court of Andhra Pradesh at Amaravati. [OUT] 4. Two CD Copies Chp vna HIGH COURT DATED:28/07/2025 ^OfANcS^ 5 - ORDER CRLP NO. 7769 OF 2025 ov CtiirieQi i>ecuan ^ it ^y' r DISPOSING OF THE CRIMINAL PETITION