APHC010487672025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI -7 A. ■ti Cfij) jp!) 73] Ml l :d MONDAY, THE FIFTEENTH DAY OF SEPTEMBER lo TWO THOUSAND AND TWENTY FIVE o Si 'Y PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9592 OF 2025 Between: Kottivada Jermia Paul, S/o K. Joseph, Age 43 years, Occ; Faster, R/o.H.No.8-154, High School Back Side, Aganapudi, Pedamadaka, Visakhapatnam, Andhra Pradesh ...Petitioner/A4 AND 1. The State of Andhra Pradesh, Rep. by its Public Prosecutor, A.P.High Court, At Amaravathi. RESPONDENT/COMPLAINANT 2. Manne Subba Rao, S/o. Late Sambasiva Rao, Age 55 years, Occ. Business, R/o Kunchanapalli Village, Tadepalli Mandal, Guntur District, Andhra Pradesh. RESPONDENT/DE-FACTO COMPLAINANT 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 pleased to quash the proceedings against the Petitioner in Crime No. 405/2025 of Tadepalli Police Station, Guntur District, Andhra Pradesh. lA NO: 2 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 to stay all further proceedings including appearance of the Petitioner in Crime No. 405/2025 of Tadepalli Police Station, Guntur District, Andhra Pradesh, Pending disposal of the Criminal Petition. Counsel for the Petitioner: SRI.L.RANJITH KUMAR Counsel for the Respondent No.1: ASSISTANT PUBLIC PROSECUTOR Counsel for the Respondent No.2: None appeared The Court made the following order: f APKC010487672025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) w [3396] MONDAY, THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9592/2025 Between: 1 KOTTIVADA JERMIA PAUL,, S/0 K. JOSEPH,. AGE 43 YEARS, OCC SIDE, ANDHRA HIGH SCHOOL BACK VISAKHAPATNAM, H,NO.8-154 PEDAMADAKA, FASTER, R/O AGANAPUDI PRADESH ...PETITIONER/ACCUSED AND BY ITS PUBLIC 1.THE STATE OF ANDHRA PRADESH, REP. PROSECUTOR, A.P.HIGH COURT. AT AMARAVATHI. 2.MANNE SUBBA RAO, S/0. LATE SAMBASIVA RAO, AGE 55 YEARS OCC. BUSINESS MANDAL, GUNTUR DISTRICT, ANDHRA PRADESH. R/O KUNCHANAPALLI VILLAGE, TADEPALLI ...RESPONDENT/COMPLAINANT(S): under Section 437/438/439/482 of Cr.P.C and 528 of BNSS Petition praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court pleased to quash the proceedings against the Petitioner in Crime No. 405/2025 of TadepalH Police Station Guntur District, Andhra Pradesh lA 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 to dispense with certified copy of FIR in Crime 405/2025 of Tadepalli Police Station, Guntur District, Andhra Pradesh No 2 lA NO: 2 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 to stay appearance of the Petitioner Station, Guntur District, petition before this Hon’ble court Counsel for the Petitioner/accused: 1.L RANJITH KUMAR Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR all further proceedings including in Crime No, 405/2025 of Tadepalli Police Andhra Pradesh, Pending disposal of the quash 3 The Court made the following: ORDER: The instant Criminal Petition, under Section 528 of B.N.S.S., 2023 (u/s.482 of the Code of Criminal Procedure, 1973) has been filed by the Petitioner/Accused No.4, seeking quashment of the entire proceedings against them in Crime No.405 of 2025, Tadepalli Police Station, Guntur District. 2 Heard learned counsel for the petitioner and Ms. K.Priyanka Lakshmi learned Assistant Public Prosecutor representing the State. 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 Bihar\ 3. 4 Learned Assistant Public Prosecutor, on instructions, would submit that the offence registered against the petitioner is punishable with less than seven years period of imprisonment and necessary direction may be given to the concerned Station House Officer. Considering the submissions, this criminal petition is disposed of with 5 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 petitioners, concerned police authorities are directed to scrupulously follow the procedure prescribed under Section 35 (3) of BNSS, [41-A (2014) 8 see 273 Cr.P.C.] and the guidelines laid down by the Hon’ble Supreme in Arnesh Kumar’s case (supra). 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. Accordingly, the Criminal Petition is disposed of. Pending applications, if any. shall stands closed. Court 6. 7. Sd/- K J RAJA BABU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Station House Officer, Tadepalli Police Andhra Pradesh. 2. One CC to SRI L.RANJITH KUMAR Advocate 3. Two CCs to THE PUBLIC PROSECUTOR Amaravati [OUT] 4. Two CD Copies Station, Guntur District, [OPUC] High Court of A.P., SRL AL HIGH COURT DATED:15/09/2025 ORDER CRLP NO. 9592 OF 2025 2 5 SEP 2P?? -mi P.il. 1 4^' CRL.P. IS DISPOSED OF