APHC010652542025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY,THE FOURTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 12520/2025 Between: 1. GAIRUBOYINA SIVA SANKAR, S/O. SAMBAIAH ALIAS BULLI SAMBA AGED 37 YEARS, OCC. CULTIVATION R/O. KOVELAMUDI VILLAGE, VATTICHERUKURU MANDAL, GUNTUR DISTRICT. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT AMARAVATI, HIGH COURT BUILDINGS AT NELAPADU, GUNTUR DISTRICT. 2. GAIRUBOYINA SRINIVASA RAO, S/O. PEDDA SAMBAIAH, AGED 53 YEARS, OCC. CULTIVATION R/O. KOVELAMUDI VILLAGE, VATTICHERUKURU MANDAL, GUNTUR DISTRICT. ...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 pleased to quash the proceedings in FIR.No.148 of 2025 dated 26.10.2025 on the file of Vatticherukuru Police Station, Guntur District and pass IA 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 filing of the original certified copy of FIR.No.148 of 2025 dated 26.10.2025 on the file of Vatticherukuru Police Station, Guntur District, before this Hon’ble Court 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 grant stay of all further proceedings in FIR.No.148 of 2025 dated 26.10.2025 on the file of Vatticherukuru Police Station, Guntur District and pass Counsel for the Petitioner/accused: 1. OMKAR D Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION No: 12520 of 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, seeking quashment of the proceedings pending against him in crime/F.I.R.No.148 of 2025 dated 26.10.2025 on the file of the Station House Officer, Vatticherukuru Police Station, Guntur District, for the offences punishable under Sections 329(3), 324(5) of B.N.S. 2. Heard Sri Omkar, learned Counsel for the Petitioner/accused and Mrs.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 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: 04.12.2025 M K K HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION No: 12520 of 2025 Dated.04.12.2025 M K K 224