APHC010429652025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY,THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 8698/2025 Between: 1. KESIREDDY SRINIVASARAO, S/O. SUBBARAO, AGED ABOUT 59 YEARS, R/O. 5-7, KONDREDDY NAGAR, AMBERPETA, WEST GODAVARI, ANDHRA PRADESH-534401. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF A.P. AT AMARAVATI ON BEHALF OF STATION HOUSE OFFICER, DWARAKA TIRUMALA P.S.,ELURU DISTRICT. 2. SRINIVASARAO GADEY, S/O VENKATESWARA RAO AGED ABOUT 52 YEARS, R/O.LINE GOPALAPURAM, DWARAKA TIRUMALA.,ELURU 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. 175 of 2025 dated 06.08.2025, on the file of Dwaraka Tirumala P.S.,Eluru District, in the interest of equity and justice while exercising its inherent jurisdiction under Section 528 of BNSS 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 2 High Court may be pleased may be pleased to dispense with the filing of the certified copy of FIR.No.175/2025 dated 06.08.2025 on the file of Dwaraka Tirumala P.S.,Eluru District, and to 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 grant Stay of all further proceedings in F.I.R.No. 175 of 2025 dated 06.08.2025, on the file of Dwaraka Tirumala P.S.,Eluru District, pending disposal of the above Criminal Petition and pass such Counsel for the Petitioner/accused: 1. THANJAVURU VENKATA SUMAN 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 Petitioner/Accused No.1, seeking quashment of the entire proceedings against him in FIR No.175 of 2025, on the file of Dwaraka Tirumala Police Station, Eluru District 2. Heard learned counsel for the petitioner and Ms. K.Priyanka Lakshmi learned Assistant Public Prosecutor representing 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 offence registered against the petitioner 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 petitioner, 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). 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. Accordingly, the Criminal Petition is disposed of. Pending applications, if any, shall stands closed. ______________________________________ Dr.VENKATA JYOTHIRMAI PRATAPA,J Date: 21.08.2025 MH 5 21 HON’BLE Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.8698 of 2025 Dt.21.08.2025 MH