APHC010478032025 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: 9425/2025 Between: 1. CHILUKURI NAGA VENKATA SATYANARAYANA ALIAS GIRI CHILUKURI,, S/O. CHILUKURI SUBARHMANYAM, AGED 38 YEARS.(A1) 2. CHILUKURI SAVITHRI,, W/O. CHILUKURI SUBARHMANYAM, AGED 57 YEARS.(A2) (ALL THE PETITIONERS/ ACCUSED NO. 1 AND 2 ARE R/O.4-19, CHERUVU VEEDHI,DWARAKA TIRUMALA, DWARAKA TIRUMALA MANDAL,ELURU DISTRICT, A.P- 534426) ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF A.P. AT AMARAVATI ON BEHALF OF STATION HOUSE OFFICER, DWARAKA TIRUMALA P.S., ELURU DISTRICT. 2. BHRAMARAMBIKA SRIKAKULAM, W/O.HANUMANTHU RAO, AGED 30 YEARS, R/O. DWARAKA TIRUMALA, DWARAKA TIRUMALA MANDAL, ELURU DISTRICT, A.P. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused(S): 1. THANJAVURU VENKATA SUMAN Counsel for the Respondent/complainant(S): 2 1. PUBLIC PROSECUTOR 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9425/2025 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 Petitioners/Accused Nos. 1 and 2, seeking quashment of the proceedings pending against him in FIR No.202 of 2025 of Dwaraka Tirumala P.S., Eluru District, for the offences punishable under Sections 118(1) r/w 3(5) of BNS. 2. Heard Sri Harinath Reddy Soma, learned counsel for the Petitioners/Accused Nos.1 & 2 and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the 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; 1 (2014) 8 SCC 273 4 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 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 petitioners are at liberty to challenge the charge sheet, if they feel 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: 9425/2025 Dated.10.09.2025 UPS 62