APHC010456042025 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: 9061/2025 Between: 1. VUNNAVA @ UNNAVA GOPI, S O. SRINIVASA RAO AGED ABOUT 27 YEARS AGRICULTURIST R/O. H. NO. 1-26 KARUCHOLA VILLAGE EDLAPADU MANDAL, PALNADU DISTRICT - 522233 2. YALLAMANDA PARAMESU, PEDDA PARAMESH, S O. SAMBAIAH, AGED ABOUT 43 YEARS, AGRICULTURIST, R/O. H. NO. 1-31, KARUCHOLA VILLAGE, EDLAPADU MANDAL, PALNADU DISTRICT - 522233 3. YELLAMANDA BAJI, ,S O. BABU, AGED ABOUT 35 YEARS, OCC AGRICULTURIST, R O. H. NO. 1-31-1, KARUCHOLA VILLAGE, EDLAPADU MANDAL, PALNADU DISTRICT - 522233 4. YADDANAPUDI NARENDRA, S O. NAGESWARA RAO, AGED ABOUT 30 YEARS, OCC AGRICULTURIST, R/O. KARUCHOLA VILLAGE, EDLAPADU MANDAL, PALNADU DISTRICT - 522233 5. KAVURI PITCHAIAH, S O. AMKAMMA, AGED ABOUT 47 YEARS, OCC AGRICULTURIST, R/O. MAIN ROAD, NEAR MASID, KARUCHOLA VILLAGE, EDLAPADU MANDAL, PALNADU DISTRICT - 522233 6. KAVURI SRINIVAS, S O. PITCHAIAH, AGED ABOUT 25 YEARS, OCC AGRICULTURIST, R/O. H. NO. 1, KARUCHOLA VILLAGE, EDLAPADU MANDAL, PALNADU DISTRICT - 522233 7. VUNNAVA, S O. SAMBAIAH, AGED ABOUT 25 YEARS, OCC AGRICULTURIST, R/O. H. NO. 0-0, MAIN ROAD, NEAR SIVALAYAM, KARUCHOLA VILLAGE, EDLAPADU MANDAL, PALNADU DISTRICT - 2 522233 ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, BY ITS PUBLIC PROSECUTOR HIGH COURT AT AMARAVATI THROUGH THE STATION HOUSE OFFICER EDLAPADU POLICE STATION GUNTUR DISTRICT 2. MAHIMA TOKALA, W O. VASU, AGED ABOUT 19 YEARS, R/O. KARUCHOLA VILLAGE, EDLAPADU MANDAL, PALNADU DISTRICT - 522233 ...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 proceedings in Crime No. 124 of 2025, dated 26.08.2025 on the file of Edlapadu Police Station, Palnadu District against the petitioners/Accused No. 1, 2, 4 to 8 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 the certified copy of FIR in Crime No. 124 of 2025, dated 26.08.2025 on the file of Ediapadu Police Station, Palnadu District, pending disposal of the criminal petition, 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 grant stay of all further proceedings including appearance of the petitioners/Accused No. 1, 2, 4 to 8 in Crime No. 124 of 2025, dated 26.08.2025 on the file of Ediapadu Police Station, Palnadu District, pending disposal of Criminal Petition, and to pass Counsel for the Petitioner/accused(S): 1. K NARSI REDDY Counsel for the Respondent/complainant(S): 3 1. PUBLIC PROSECUTOR 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.1, 2, 4 to 8, seeking quashment of the entire proceedings against them in FIR No.124 of 2025, Edlapadu Police Station, Palnadu 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: 02.09.2025 MH 5 20 HON’BLE Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.9061 of 2025 Dt.02.09.2025 MH