APHC010476122025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9563/2025 Between: 1. GADE HANIMI REDDY, S/O SRINIVASA REDDY, AGED ABOUT 34 YEARS, D.NO.11-39, CHALLAVARIPALEM, GUNTUR RURAL MANDAL, GUNTUR DISTRICT. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR P.S. NALLAPDU, GUNTUR DISTRICT 2. GANDHAM PETHURU, S/O ANANDA RAO, AGED ABOUT 22 YEARS, OCC PET TEACHER, NEAR LUTHERN CHURCH, SC COLONY, NALLAPADU, GUNTUR, GUNTUR DISTRICT. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1. SOURI BABU DUPPATI Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 2 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9563/2025 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 No.3, seeking quashment of the proceedings pending against him in FIR No.895 of 2025 dated 01.09.2025 on the file of Nallapadu Police Station, Guntur, Guntur District registered for the offences punishable under Sections 118(1), 115(2) r/w 3(5) of BNS. 2. Heard Sri Souri Babu Duppati, learned counsel for the Petitioner 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 3 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: 16.09.2025 UPS 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9563/2025 Dated.16.09.2025 UPS 33