APHC010451792025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY,THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9028/2025 Between: 1. BODAYIPALLI JAYACHANDRA, S/O NAGENDRA PRASAD, HINDU AGED ABOUT 32 YEARS, RESIDENT OF FLOT NO. 304, SRI SAI APPARTMENTS, SRINIVASAPURAM, TADIPATRI, ANANTHAPURAM, ANDHRA PRADESH. 2. BODAYIPALLI NAGENDRA PRASAD, , S/O RAMAIAH, HINDU AGED ABOUT 61 YEARS, RESIDENT OF FLOT NO, 304, SRI SAI APPARTMENTS, SRINIVASAPURAM , TADIPATRI, ANANTHAPURAM, ANDHRA PRADESH. 3. BODAYIPALII BHAGYALAKSHMI @NAGESWARAMMA, W/O BODAYIPALLI NAGENDRA PRASAD HINDU AGED ABOUT 58 YEARS, RESIDENT OF FLOT NO. 304, SRI SAI APPARTMENTS, SRINIVASAPURAM , TADIPATRI, ANANTHAPURAM, ANDHRA PRADESH. 4. BODAYAPALLI SUNANDA, W/O DASARI KARTHIKAYA HINDU AGED ABOUT 29 YEARS, RESIDENT OF FLOT NO. 304, SRI SAI APPARTMENTS, SRINIVASAPURAM , TADIPATRI, ANANTHAPURAM, ANDHRA PRADESH. 5. DASARI KARTHIKEYA, S/O NARASIMHA MURTHY, HINDU AGED ABOUT 29 YEARS, RESIDENT OF DOOR NO. 55/5, IMMADIHALLI MAIN ROAD, NEAR NRI BULDING, KAITHOTA. BANGALORE NORTH, BANGAAALORE, KARNATAKA. ...PETITIONER/ACCUSED(S) AND 2 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF AMARAVATI.VCIAGAPUDI,GUNTUR DISTRICT. 2. THE STATE OFFICER PULIVENDULA PS, PULIVENDULA, KADAPA DISTRICT. 3. DODLAVANDLI PADMAJA, D/O ANJANEYULU, HINDU AGED ABOUT 32 YEARS, R/O BRAMHANAPALLI VILLAGE, PULIVENDULA TOWN, KADAPA 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 Courtpleased to the petitioners prays thishonourable court to Quash the proceedings in the crime no 437 of 2025 filed under section 318(4), 351(2) r/w 3(5) BNS pending before the pulivendula ps, Kadapa district, 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 original certified copy of crime no 437 of 2025 filed under section 318(4), 351(2) r/w 3(5) BNS Dated 22.07.2025 pending before the pulivendula ps, Kadapa district on the file of before this Hon’ble Court 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 stay all further proceedings in the cMme no 437 of 2025 filed under section 318(4), 351(2) r/w 3(5) BNS pending before the puiivendula ps, Kadapa district, and pass Counsel for the Petitioner/accused(S): 1. MAREEDU SASIDHAR 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, seeking quashment of the entire proceedings against them in crime No.437 of 2025, on the file of Pulivendula Police Station, Kadapa 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 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 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 follow the procedure prescribed under Section 35 (3) of BNSS, [41-A 1 (2014) 8 SCC 273 4 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: 02.09.2025 MH 5 45 HON’BLE Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.9028 of 2025 Dt.02.09.2025 MH