IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAV, TUESDAY, THE SEVENTEENTH DAY OF JUN TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.7049 of 2023 Between: 1. Chapa Rambabu, S/o. Late Bhushana Rao, Aged about 42 years, Occ: Farmer, R/o.7-18, Kurakula Veedhi, Santhakaviti, Vijayanagaram District. 2. Smt. Chapa Hymavathi, W/o. Late Bhushana Rao, Aged about 73 years, Occ; Housewife, R/o.7-18, Kurakula Veedhi, Santhakaviti, Vijayanagaram District. ...Petitioners/Accused AND 1. State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court Buildings, Amaravati. 2. The Station House Officer, Santhakaviti, Vijayanagaram District. 3. Chapa Tirupathi Rao, W/o. Late Jagannadha Rao, Aged about 62 years, R/o.Santhakaviti Village and Mandal, Vijayanagaram District. ...Respondents/Defacto Complainant Petition under Section 482 of Cr.P.C is filedpraying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to call for records in FIR No. 83/2023 on the file of P.S. Santhakaviti Village, Vizianagaram District under Sec.452, 342, 509, 506 R/w. Sec. 34 IPC and quash the same. 4 I.A. NO: 1 OF 2023 Petition under Section 482 of Cr.P.C is filed praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all further proceedings in pursuance of FIR No. 83/2023 on the file of P.S. Santhakaviti Village, Vizianagara District, including arrest of the Petitioners pending disposal of the present Criminal Petition. le ' m This Petition, coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri M Srikanth, Advocate for the Petitioners and the Public Prosecutor on behalf of the Respondent Nos.1 & 2 and of Sri T D Phani Kumar, Advocate for the Respondent No.3. The Court made the following Order: APHC010468532023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SiS0 [3457] B TUESDAY,THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 7049/2023 Between: Chapa Rambabu, and Others ...PETITIONER/ACCUSED(S) AND State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused(S): 1.M SRIKANTH Counsel for the Respondent/complainant(S): 1.T D PANI KUMAR 2.PUBLIC PROSECUTOR (AP) The Court made the following Order: The petitioners are arraigned as accused Nos.1 and 2 in Crime No.83 of 2023, on the file of Santhakviti Police Station, Vizayanagaram, for alleged offences under Sections 452, 342, 509, 506 read with 34 IPC. 2. Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor. 2 4 3. Though the learned counsel for the petitioners filed this petition seeking the quashing of the FIR, they have, however, restricted the relief to the extent of directing the Investigating Officer to follow the procedure prescribed under Section 35(3) of the BNSS, and the guidelines prescribed by the Apex Court in Arnesh Kumar v. State of Bihar . 4. The learned Assistant Public Prosecutor stated that he has no objection to give such a direction. 5. The criminal petition is disposed of by directing the Station House Officer, Santhakviti Police Station, Vizayanagaram, to follow the procedure as contemplated under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”) in so far as the petitioners are concerned. As a sequel, pending miscellaneous petitions, if any, shall stand closed. '(2014) 8 see 273 Sd/- B CHITTI JOSEPH ASSISTANT REGISTRARf //TRUE COPY// SECTION OFFICER To 1. The Station House Officer, Santhakaviti Police Station, Vijayanaqaram District. 2. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh Amaravathi[OUT] 3. One CC to Sri M Srikanth, Advocate [OPUC] 4. One CC to Sri T D Phani Kumar, Advocate.[OPUC] 5. Three CD Copies TK vna HIGH COURT DATED:17/06/2025 ORDER CRLP.No.7049 of 2023 0 2 JUL 2025 «JClirTentS«ctio|i^5^ o c«* DISPOSING OF THE CRIMINAL PETITION