APHC010574872025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY,THE THIRTIETH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 11154/2025 Between: 1. KATARI KOTESWARA RAO, S/O VENKATESWARLUAGE 45 YEARS, OCC AGRICULTURER/O KAMBHAMPADU VILLAGE, A.KONDURU MANDAL NTR DIST. 2. CHITTIPOTHULA SRINU, S/O CHENNAIAHAGE 49 YEARS, OCC AGRICULTURER/O KAMBHAMPADU VILLAGE, A.KONDURU MANDAL NTR DIST 3. VALADASI KISHORE, S/O NAGESWARA RAOAGE 34 YEARS, OCC AGRICULTURER/O KAMBHAMPADU VILLAGE, A.KONDURU MANDAL NTR DIST. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, Through SHO, Tiruvuru PSNTR Dist., rep. by its Public ProsecutorHigh Court of Andhra Pradesh ...RESPONDENT/COMPLAINANT 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 proceedings in FIR No.286/2025 on the file of PS Tiruvuru, NTR Dist., (in so far as petitioners are concerned) pass IA NO: 1 OF 2025 2 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 dispense with filing of certified copy of FIR No.286/2025 on the file of Tiruvuru PS, NTR dist, in the interest of justice IA 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 pleased to Stay all further proceedings in FIR No.286/2025 on the fiie of PS Tiruvuru, NTR Dist., including arrest of the petitioners, pending disposai of the quash petition in the interest of justice. Counsel for the Petitioner/accused(S): 1. M M M SRINIVASA RAO Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 11154/2025 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.7, 8 and 10, seeking quashment of the proceedings pending against them in Crime No.286 of 2025 on the file of Tiruvuru Police Station, NTR District, registered for the offences punishable under Sections 318(4), 303(2) r/w 3(5) of BNS 27 APWALTA. 2. Heard Sri M.M.M.Srinivasa Rao, learned counsel for the Petitioners 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. 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 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: 30.10.2025 JLV 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 11154/2025 Dated.30.10.2025 JLV 57