APHC010408352025 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: 8281/2025 Between: 1. ULAVAPATI VINAY, S/O LAKSHMAIAH, AGED ABOUT 24 YEARS,HARIJANAVADA, KANTEPALLE.VENKATACHALAM, NELLORE,ANDHRA PRADESH- 524321 2. GALLA SUMATHI, D/O CHINNAVENKAIAH AGED ABOUT 21 YEARS KALLURUPALLI,NELLORE RURAL, KALLURPALLE ( RURAL), KALLURUPALLI, NELLORE, ANDHRA PRADESH - 524004 ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, AT AMARAVATI. 2. LNGILALA SANKEERTHANA, D/O SUDHAKAR NAGAMANI, AGED ABOUT 28 YEARS R/O,NTR NAGAR,NELLORE SPSR NELLORE 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 FIR.No.305 of 2025 on the file of the Vedayapalem Police Station, SPSR Nellore District, in the interest of justice. IA NO: 1 OF 2025 2 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 certified copy of the Complaint FIR.No.305 of 2025 on the file of the Vedayapalem Police Station, SPSR Nellore District, 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 of all further proceedings in FIR.No.305 of 2025 on the file of the Vedayapalem Police Station, SPSR Nellore District, in the interest of justice. Counsel for the Petitioner/accused(S): 1. P MALLIKHARJUNA RAO 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 Nos.1 and 2, seeking quashment of the entire proceedings against them in Crime No.305 of 2025, Vedayapalem Police Station, SPSR Nellore District. 2. Heard 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). 7. 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 he feels aggrieved by the same. 8. Accordingly, the Criminal Petition is disposed of. Pending applications, if any, shall stands closed. ______________________________________ Dr.VENKATA JYOTHIRMAI PRATAPA,J Date: 07.08.2025 MH 5 26 HON’BLE Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.8281 of 2025 Dt.07.08.2025 MH