APHC010402852025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY,THE SEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 8231/2025 Between: 1. M AKHILESH GUPTA, S/O. M. LAKSHMI NARAYANA GUPTA, AGED ABOUT 33 YEARS, OCC BILL, R/O. D. NO. 12-457, KANCHAGARI STREET, NEAR R AND B OFFICE, ADONI, KURNOOL DISTRICT ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP. BY POLICE, ADONI 11 TOWN POLICE STATION, KURNOOL DISTRICT, ANDHRA PRADESH. THROUGH PUBLIC PROSECUTOR. HIGH COURT OF A.P AT NELAPADU,GUNTUR DISTRICT. 2. B PAVAN KUMAR, S/O. B. NAGARAJ ACHARI, AGED ABOUT 33 YEARS, OCC BUSINESS, R/O. D. NO. 25-5, NAKATHI STREET, ADONI TOWN, KURNOOL 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 Courtmay be pleased to Quash the F.I.R No. 37 of 2025 registered before the Adoni 11 Town Police Station Kurnool District and pass such 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 filing of the 2 original certified copy of, in F.I.R No. 37 of 2025 registered before the Adoni II Town Police Station Kurnool District this Flon’ble Court and pass such 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 for all further proceedings in F.I.R No. 37 of 2025 registered before the Adoni II Town Police Station Kurnool District and pass such Counsel for the Petitioner/accused: 1. BANDI SRIHARI Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 8231/2025 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 Petitioner/Accused No.2, seeking quashment of the proceedings pending against him in Crime No.37 of 2025, of Adoni II Town Police Station, Kurnool District registered for the offences punishable under Sections 198,199(a), 199(b), 223, 318(1), 61(1) r/w 3(5) of BNS. 2. Heard Sri Bandi Srihari, learned counsel for the Petitioner/Accused No.2 and Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of 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 offences registered against the petitioner are 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; 1 (2014) 8 SCC 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 petitioner, 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). 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. In the result, the Criminal Petition is disposed of. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 07.08.2025 UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 8231/2025 Dated.07.08.2025 UPS 17