APHC010622862025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY, THE NINETEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 11971/2025 Between: 1. GUNJI THANISH, S/O GUNJI ANKAMMA,AGED ABOUT 31 YEARS, OCC PRIVATE EMPLOYEE,BUDAVADA VILLAGE POST, J.PANGULUR MANDAL,BAPATLA DISTRICT, ANDHRA PRADESH. 2. GUNJI ANKAMMA, S/O LATE ANJANEYULU,AGED ABOUT 64 YEARS, OCC CULTIVATIONBUDAVADA VILLAGE POST, J.PANGULUR MANDAL,BAPATLA DISTRICT, ANDHRA PRADESH. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT AT NELAPADU,AMARAVATI, THROUGH THE STATION HOUSE OFFICER,PONUURTOWN P.S., GUNTUR DISTRICT, A.P., 2. KONDABOLU HAREESH, ,S/O. SUBBARAO, AGED ABOUT 26 YEARS,R/O. D.NO.14-6-311 D, NETHAJI NAGAR,5 LANE, PONNUR TOWN. GUNTUR DISTRICT, A.P. ...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 Court may be pleased to quash the proceedings against the petitioners/Accused Nos. 1 and 3 in Crime No. 130 of 2025 dated 27.06.2025 on the File of Ponnur Town PS, Guntur District 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 to dispense with the filing of the FIR in Crime No. 130 of 2025 dated 27.06.2025 on the File of Ponnur Town PS, Guntur District pending disposal of the petition for quashing and pass 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 to STAY of all further proceedings, including the arrest of the petitioners/Accused Nos. 1 and 3 in FIR, Crime No. 130 of 2025 dated 27.06.2025 on the File of Ponnur Town PS, Guntur District, pending disposal of the petition for quashing and pass Counsel for the Petitioner/accused(S): 1. D KASIM SAHEB Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 11971/2025 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 to 3, seeking quashment of the proceedings pending against them in Cr.No. 130 of 2025 on the file of the Ponnur Town Police Station, Guntur District registered for the offences punishable under Sections 420 r/w 34 of IPC. 2. Heard the learned counsel for the Petitioners and the 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: 19.11.2025. UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 11971/2025 Dated.19.11.2025 UPS 60