APHC010466622025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9311/2025 Between: 1. BALPONUR FAQRUDDIN, S/O. ABDULA KHADER, AGED ABOUT 36 YEARS, R/O. D.NO.2/70A, MULLA STREET, CHENNUR, YSR (KADAPA) DISTRICT 2. PAPA BHAI SHAIK THANVEER AHMED, S/O. KHADER BASHAM AGED ABOUT 52 YEARS, R/O. D.NO.3/93, PODI STREET, CHENNUR, YSR (KADAPA) DISTRICT 3. SHAIK MOHAMMED WARIS, S/O. S.M.SADIK, AGED ABOUT 51 YEARS, R/O. D.NO. 1/137, BAZAR STREET, CHENNUR, YSR (KADAPA) DISTRICT 4. SHAIK HAZARATH BASHA, S/O. SHAIK SYED SAHIB, AGED ABOUT 56 YEARS, R/O. D.NO. 1/179, KATTELA STREET, CHENNUR, YSR (KADAPA) DISTRICT 5. T SHAFIULLA, S/O. T.MAHABOOB SAHEB, AGED ABOUT 48 YEARS, R/O. D.NO.2/6, NADEEMULLAH STREET, CHENNUR, YSR (KADAPA) DISTRICT 6. SHAIK MOHAMMADALI SHABBIR HUSSAIN, S/O. ABDUL SATTAR, AGED ABOUT 64 YEARS, R/O. D.NO.4/135, YETIGADDA STREET, CHENNUR, YSR (KADAPA) DISTRICT ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PUBLIC PROSEEUTOR THROUGH CHENNUR POLICE STATION, YSR (KADAPA) DISTRICT HIGH COURT OF ANDHRA PRADESH 2. RAM BABU DEEKALA, S/O. BALAIAH, AGED ABOUT 30 YEARS, R/O. CHENNUR, YSR (KADAPA) DISTRICT ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused(S): 1. SHAIK MOHAMMED ISMAIL 2 Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court Made the Following Order: The instant Criminal Petition is filed under Section 528 of the BNSS, by the Petitioners herein/A1 to A6, to quash the proceedings in Crime No.239 of 2025 of Chennur Police Station, YSR Kadapa District, registered for the offences punishable under Sections 189(2), 126(2), 79, 351(2) and 115(2) read with 190 BNS and Sections 3(2)(va) and 3(1)(r) of the SCs and the STs (PoA) Act. 2. Heard learned counsel for the petitioners and the learned Assistant Public Prosecutor representing the respondent No.1/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 offences registered against the petitioners are 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. 1 (2014) 8 SCC 273 3 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 the Bharatiya Nagarik Suraksha Sanhita, 2023, 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 they 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: 09.09.2025 Asr 4 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.9311 of 2025 Dt.09.09.2025 Asr