APHC010432212025 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: 8660/2025 Between: 1. GAMPA ARUN KUMAR, S/O.NOT KNOWN. AGED ABOUT 35 YEARS. OCCUPATION LABOURER, R/O. 10-11-2/1, NEAR VETERINARY HOSPITAL, 13TH WARD, SATTENAPALLI MANDAL, PALNADU DISTRICT, ANDHRA PRADESH. (A2) 2. . GAMPA SHANKARA NAGA MALLESWARI,, W/O. GAMPA ARUN KUMAR, AGED ABOUT 27YEARS, OCCUPATION LABOURER, R/O./O. 10-11-2/1, NEAR VETERINARY HOSPITAL, 13TH WARD, SATTENAPALLI MANDAL PALNADU DISTRICT, ANDHRA PRADESH. (A3) ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS ADDITIONAL PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, AMARAVATI. 2. SMT GUMMADI KEERTHI, , W/O. MURALI KRISHNA, AGED ABOUT 29 YEARS. OCCUPATION LABOURER, R/O. NEAR VETERINARY HOSPITAL, VADDAVALLI, SATTENAPALLI TOWN PALNADU DISTRICT, ANDHRA PRADESH ...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 Courtpleased to quash the FIR No. 170 of 2025 2 dated 18.06.2025, before the Sattenapalli Town Police Station, Palnadu District Police Station and all consequential proceedings pending against the Petitioner and pass 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 pleased to dispense with filing of the certified copy of the FIR No.170 of 2025 dated 18.06.2025, before the Sattenapalli Town Police Station, Palnadu District, and pass 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 to stay of all further proceedings in FIR No.170 of 2025 dated 18.06.2025, before the Sattenapalli Town Police Station, Palnadu District Police Station and all consequential proceedings pending against the Petitioner and pass Counsel for the Petitioner/accused(S): 1. THOKA DEVA DEEPAK ANIRUDH YADAV 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.2 and 3, seeking quashment of the entire proceedings against them in FIR No.170 of 2025, Sattenapalli Town Police Station, Palanadu 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 petitioner 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). 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. 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 19 HON’BLE Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.8660 of 2025 Dt.21.08.2025 MH