APHC010379032025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI m (t ^•1 t 7^1 ,V. MONDAY,THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7773 OF 2Q2fi Between: 1. Gujjarla Syamala Ratna Kumari. W/o Abraham. Aged about 48,R/o 257, SanthiNagar,Perala VTC Chirala,Bapatia District, A.P. 2. Gujjarlapudi Lavanya, W/o Anjaneyulu, Aged about 42 257, SanthiNagar,Perala VTC Chirala, Bapatia District 3. Maddirala Anjaneyulu, H/o Lavanya, Aged about 45 Years SanthiNagar,Perala VTC Chirala,Bapatia District, 4. Alapadu Abraham, S/o Samson, Aged about SanthiNagar,Perala, VTC Chirala,Bapatia District, H.No. 6- Years,R/o H.No. 6- A.P R/o H.No. 6-257, A.P 47 Years, R/o H.No. 6-257, A.P. ...PETITIONERS/ACCUSED N0.1 TO 4 AND 1. The State of Andhra Pradesh, Rep by Sub-lnspectorofPolice Town Police Station, Bapatia District Rep by Pubiic Prosecutor, Andhra Pradesh at Amaravathi. 2. Gujjarlapudi Kanikaramma, W/o Late Kirankumar Occ Employee, R/o 2-257, District, A.P. Chirala II High Court of Aged about 38 Years, Santhinagar, Perala,ChiralaMandal, Bapatia ...RESPONDENTS/DEFACTO/COMPLAINANT / / / / Petition under Section 437/438/439/482 of Cr.P.C 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 relating to and connected with F.I.R No. 91 of 2025 on the file of Chirala II Town Police Station, Bapatia District and quash the same against the petitioners lA Nb: 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 stay of all further proceedings in F.I.R No. 91 of 2025 on the file of Chirala II Town Police Station, Bapatia District including arrest and investigation against the petitioners, pending disposal of the main Criminal Petition. This Petition coming on for hearing,upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri MR PHANI KIRAN M ,Advocate for the Petitioner and of the Prosecutor on behalf of the Respondent No.1 The Court made the following ORDER ; Additional Public / / 1 APHC010379032025 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: 7773/2025 Between: 1.GUJJARLA SYAMALA RATNA KUMARI, W/0 ABRAHAM. AGED ABOUT 48,R/0 H.NO. AGED ABOUT 48,R/0 H.NO. 6-257, SANTHINAGAR,PERALA VTC CHIRALA,BAPATIA DISTRICT, A.P. 2.GUJJARLAPUDI LAVANYA, W/0 ANJANEYULU, AGED ABOUT 42 YEARS,R/0 H.NO. 6-257, SANTHINAGAR,PERALA VTC CHIRALA, BAPATIA DISTRICT, A.P 3.MADDIRALA ANJANEYULU, H/0 LAVANYA, AGED ABOUT 45 YEARS,R/0 H.NO. 6-257, SANTHINAGAR,PERALA VTC CHIRALA,BAPATIA DISTRICT, A.P 4.ALAPADU ABRAHAM, S/0 SAMSON, AGED ABOUT 47 YEARS, R/0 H.NO. 6-257, SANTHiNAGAR,PERALA, VTC CHIRALA,BAPATIA DISTRICT, A.P. ...PETITIONER/ACCUSED(S) AND 1.THE STATE OF ANDHRA PRADESH, REP BY SUB- INSPECTOROFPOLICE, CHIRALA II TOWN POLICE STATION, BAPATIA DISTRICT REP BY PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI. 2.GUJJARLAPUDI KANIKARAMMA, W/0 LATE KIRANKUMAR AGED ABOUT 38 YEARS, OCC EMPLOYEE, R/0 2-257, SANTHINAGAR, PERALA,CHIRALAMANDAL, BAPATIA DISTRICT, A.P. 2 ...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 Court may be pleased to call for the records relating to and connected with F.I.R No. 91 of 2025 on the file of Chirala II Town Police Station Bapatia District and quash the same against the petitioners/A. 1 to A4 and pass Counsel for the Petitioner/accused(S): 1.PHANI KIRAN.M 2.PHANIKIRANM Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 'i THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7773/2025 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 to 4, seeking quashment of the proceedings pending against them in Crime No.91 of 2025, of Chirala II Town P.S., Chirala, Bapatia District registered for the offences punishable under Sections 79,351(2), r/w 3(5) of BNS. 2. Heard Sri M.Phani Kiran, learned counsel for the Petitioners/Accused Nos.1 to 4 and Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of 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 Bihar\ 4. 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. Considering the submissions, this Criminal petition is disposed of with 5. the following; (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 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. As a sequel thereto, miscellaneous petitions pending, if any, shall stand 6. 7. closed SD/- M.PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The SHO, Chirala II Town Police Station, Bapatia District. 2. One CC to SRI. PHANI KIRAN.M Advocate [OPUC] 3. Two CCs to the Public Prosecutor High Court of Andhra Pradesh at Amaravathi [OUT] 4. Two CD Copies NSV TAC HIGH COURT DATED:28/07/2025 ORDER CRLP NO. 7773 OF 2025 THE CRLP IS DISPOSED OF