APHC010473332025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY, THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9371/2025 Between: 1. PERUBOINA SRIKANTH, S/O RAMANAIAH, AGED ABOUT 42 YEARS, R/O. BUDANAM VILLAGE,CHILLAKUR MANDAL, TIRUPATHI DISTRICT. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP BY PUBLIC PROSECUTOR, THE HIGH COURT OF A.P AT AMARAVATHI. 2. K SRINIVASULU, S/O NOT KNOWN TO PETITIONER, AGED ABOUT NOT KNOWN TO PETITIONER, OCC M.R.O, CHILLAKUR MANDAL, CHILLAKUR, TIRUPATHI 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 Quash the FIR in Crime No. 113 of 2025 On the file of Chillakur Police Station, Tirupathi and pass such 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 stay all further proceedings including arrest of the Petitioner/Accused in Crime No. 113 of 2025 On the file of Chillakur Police Station, Tirupathi, pending disposal of the Criminal Petition and pass 2 Counsel for the Petitioner/accused: 1. HARINATH REDDY SOMA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9371/2025 ORDER: The instant criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C)/under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the Petitioner/Accused, seeking quashment of the proceedings pending against him in FIR No.113 of 2025 on the file of Chillakur Police Station, Tirupathi for the offences punishable under Sections 329(3) of BNS & Section 3 of PDPPA. 2. Heard Sri Harinath Reddy Soma, learned counsel for the Petitioner/Accused and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. 3. Learned counsel for the petitioner would submit that the petition may be disposed of by giving protection to the petitioner 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 petitioner are punishable with less than seven years period of imprisonment and necessary direction may be given to the concerned Station House Officer. 1 (2014) 8 SCC 273 4 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 petitioner, concerned police authorities are directed to scrupulously follow the procedure prescribed under Section 35 (3) of BNSS., [Section 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 petitioner is at liberty to challenge the charge sheet, if he feels aggrieved by the same. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 10.09.2025 UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9371/2025 Dated.10.09.2025 UPS 60