1 APHC010419702025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 8468/2025 Between: 1. MUTHABATHULA RATNAKUMAR, S/O.VERRIYYA, AGED 47 YEARS, D.NO.23-1-75/1, NAGESWARA RAO STREET, CBM COMPOUND, KAKINADA URBAN, KAKINADA DISTRICT, A.P.-533 004. 2. KAASI BABURAO,, S/O.CHANDRAYYA, AGE 56YRS, D.NO.24-5-31, NAGESWARA RAO STREET, CBM COMPOUND, KAKINADA URBAN, KAKINADA DISTRICT, A.P.-533 004. ...PETITIONER/ACCUSED(S) AND 1. T VEERAVENKATA RAO, S/O. VENKANNA, AGED 54YEARS, D.NO.8/292, PANTAKALAVA ROAD, KANIRRU VILLAGE, PENAMALURU MANDAL, KRISHNA DISTRICT, A.P. 2. THE STATE OF ANDHRA PRADESH, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, AT AMARAVATHI ...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 pleased to quash the proceedings in Crime No. 113/2025 of Kakinada III- Police station, Kakinada District against the petitioners, 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 to dispense with filing of the Original certified copy of Crime No.l13/2025, dated 31.07.2025 of Kakinada Ill-Town police station, Kakinada District, pending disposal of the present criminal petition 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 pleased to dispense with filing of the Original certified copy of Crime No.113/2025, dated 31.07.2025 of Kakinada Ill-Town police station, Kakinada District, pending disposal of the present criminal petition Counsel for the Petitioner/accused(S): 1. INAPURAPU SURYANARAYANA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 2. 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 8468/2025 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 & 3, seeking quashment of the proceedings pending against them in Crime No.113 of 2025 of Kakinada III Town Police Station, Kakinada District registered for the offences punishable under Sections 318(4) r/w 3(5) of BNS. 2. Heard Sri Inapurapu Suryanarayana, learned counsel for the Petitioners/Accused Nos.1 & 3 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 Bihar1. 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. 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 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). 6. 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. 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: 14.08.2025 UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 8468/2025 Dated.14.08.2025 UPS 29