APHC010413452025 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. 8335/2025 Between: JAGANNADHA SWAMY KANAKALA, S/O. VENKATA SUBBAIAH, AGED 45 YEARS, D.NO. 3-189, KAJULURU VILLAGE AND MANDAL, KAKINADA DISTRICT, ANDHRA PRADESH. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED, BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT HIGH COURT BUILDINGS AT NELAPADU, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH. (SHO PS GOLLAPALEM, KAKINDA DISTRICT) 2. CHODABATHULA MANIKANTA, S/O SUBBARAO, AGED ABOUT 30 YEARS, R/0, JAGANNADHAGIRI VILLAGE, KAJULURU VILLAGE, KAKINADA DISTRICT, ANDHRA PRADESH. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1. V SAI KUMAR Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: ORDER: The instant Criminal Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by the Petitioner/Accused, to quash the proceedings against him in F.I.R.No.76 of 2025 of Gollapalem Police Station, Kakinada District, for the offence punishable under Section 308(2) of the Bharatiya Nyaya Sanhita, 2023. 2 2. When the matter is taken up for hearing, Sri V.Sai Kumar, 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. 3. Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor, would submit that the offence registered against the Petitioner is punishable with seven years period of imprisonment and necessary direction may be given to the concerned Station House Officer. 4. Considering the submissions, the 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 follow the procedure prescribed under Section 35(3) of BNSS, which is pari materia to Section 41-A of the Code of Criminal Procedure, and the guidelines laid down by the Hon’ble Supreme Court in Arnesh Kumar’s case (supra). Pending applications, if any, shall stands closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:07.08.2025 Note:Issue C.C today Dinesh 1 (2014) 8 SCC 273 3 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.8335 of 2025 Dt.07.08.2025 Dinesh