APHC010451212025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION No.8978 of 2025 Between: 1. Yelubandi Nageswara Rao, S/o. Surya Chakram, Occ: Police Constable, Aged 52 years, R/o. 2-18-23, G1, Ratna Kiriti Towers, Opp Reliance Mart, Madhava Nagar, Kakinada Urban, Kakinada, East Godavari District, A.P. - 533 003. 2. Yelubandi Venkata Lakshmi, W/o. Yelubandi Nageswara Rao, Occ; House Wife, Aged 42 years, R/o. 2-18-23, G1, Ratna Kiriti Towers, Opp Reliance Mart, Madhava Nagar, Kakinada Urban, Kakinada, East Godavari District, A.P. - 533 003. ...PETITIONERS/ACCUSED NOS.1 & 3 AND 1. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of A.P., Through III Town Police Station, Kakinada, East Godavari District, Andhra Pradesh. . Giridhar, Aged about 34 years, R/o. , Kakinada, East Godavari 2. Devireddy Lakshmi Tulasi, W/o SVS Homes, 222, Raja Ram Mohan Nagar District, A. P. - 533 003. ...respondents/de-facto complainant 528 of BNSS praying that in the circumstances Criminal Petition, the High Court in FIR Petition under Section I the Memorandum of Grounds of be pleased to quash the proceedings against the petitiorrers registered for the offences punishable under (2), 229(1). 351(2), 351(3) of BNS and Police Station, Kakinada, East stated in may No.120/2025, dated 09.08.2025 sections 126 (1), 127(2), 127(7), 336 the file of III Town 175 (3) of BNSS, on Godavari District. »A NO: 1 OF 2025 that in the circumstances under Section 528 of BNSS praying Petition stated in the Memorandum of Grounds of Criminal Petition, the High Court proceedings including the arrest of the dated 09.08.2025 registered for the offences 127(2), 127(7), 336 (2), 229(1), 351(2), the file of 111 Town Police Station, be pleased to stay of all further may petitioners, in FIR No. 120/2025 punishable under sections 126(1), 351(3) of BNS and 175 (3) of BNSS, on Kakinada, East Godavari District, pending disposal of the main quash petition. Counsel for the Petitioners Respondent No.1; PUBLIC PROSECUTOR Counsel for Respondent No.2: NONE APPEARED Court made the following ORDER; : SRI B PRAKASAM Counsel for The HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) ^ APHC010451212025 IN THE [3396] MONDAY, THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT JUSTICE VENKATA JYOTHIRMAI PRATAPA criminal petition NO: 8978/2025 THE HONOURABLE DR Between; 1 YELUBANDI NAGESWARA RAO, S/0. SURYA ^HAKRAM^ OCC KAKINADA URBAN, KAKINADA, EAST GODAVARI DIST.. . 533 003. 2 YELUBANDI VENKATA LAKSHMI, WO. YELUBanDI NAGESWARA KAKINADA URBAN, KAKINADA, EAST GODAVARI DIST., . . ...PETlTlONER/ACCUSED{S) 533 003. AND ANDHRA PRADESH, REP. BY ITS P'-'^LIC OF A.P. AMARAVATl THROUGH 111 EAST GODAVARI DISTRICT, 1.THE STATE OF PROSECUTOR, HIGH COURT town police station, KAKINADA ANDHRA PRADESH. . GIRIDHAR, AGED ABOUT 34 RAM MOHAN NAGAR, 2 DEVIREDDY LAKSHMI TULASl, W/0 j. SVS HOMES, 222 RAJA EAST GODAVARI DISTRICT, A. P. - 533 003. ...RESPONDENT/COMPLAlNANT(S): YEARS, R/0 KAKINADA, Counsel for the Petitioner/accused(S); 2 1.B PRAKASAM Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR '■i THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 8978/2025 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.120 of 2025 on the file of III Town Police Station, Kakinada, East Godavari District registered for the offences punishable under Sections 126(1), 127(2), 127(7), 336(2), 229(1), 351(2), 351(3) of BNS and 175(3) of BNSS. Heard Sri B.Prakasam, learned counsel for the Petitioners/Accuse d Nos.1 & 3 and Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor 2. on behalf of the State. 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 Bihar\ 3. Learned Assistant Public Prosecutor, on instructions, would submit that the offences registered against the petitioners are punishable with less than period of imprisonment and necessary direction may be given to the concerned Station House Officer. 4. seven years (2014) 8 see 273 4 5. Considering the submissions, this Criminal the following; a. Investigating Officer is at liberty to complete the i accordance with law. b. In the event of petition is disposed of with investigation, in any coercive action sought to be taken against the petitioners, concerned police authorities are directed to scrupulously 35 (3) of BNSS.. down by the Hon’ble follow the procedure prescribed under Section [Section 41-A Cr.P.C] and the guidelines laid Supreme Court in Arnesh Kumar’s case (supra). 6. It goes without saying that, if any charge sheet crime, the petitioners are at liberty to challenge the charge aggrieved by the same. is filed in the above sheet, if they feel 7. In the result, the Criminal Petition is disposed of. As a sequel thereto, miscellaneous petitions pending if any, shall stand closed. SD/- B.PRASADARAO ASSISTANT REGISTRAR //^ //TRUE COPY// SECTION OFFICER To 1. The VI Additional Judicial First Class Magistrate, Kakinada, East Godavari District. 2. The Station House Officer, III Town Police Station, Kakinada, East Godavari District. 3. One CC to Sri B Prakasam, Advocate [OPUC] 4. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh, Amaravathi [OUT] 5. Two CD Copies TK HIGH COURT DATED;01/09/2025 ORDER CRLP No.8978 of 2025 DISPOSING OF THE CRIMINAL PETITION