APHC010600272025 IN THE HIGH COURT OF ANDHRA PRADESH FRIDAY, THE SEVENTH TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION Between: 1. POLURU SRINIVASULU @ SREENU,, S/O SUBBARAYUDU, AGED 24 YEARS, OCC PRIVATE EMPLOYEE, R/O.D.NO.8 37, YESUNATH STREET, ALLAGADDA TOWN, KURNOOL DISTRICT. 2. KUNDURU HARSHA VARDHAN REDDY,, 27 YEARS, OCC BUSINESS, R/O.1 VILLAGE, ALLAGADDA MANDAL, KURNOOL DISTRICT. 3. YERRAMSETTY MANOJ,, S/O.Y.SREENIVASUIU AGED 29 YEARS, OCC BUSINESS, R/O.ALLAGADDA TOWN, KURNOOL DISTRICT. 4. BOYA HARISH,, S/O YEARS, OCC PRIVATE EMPLOYEE R/O.D.NO.2 G.JAMBULADINNE VILLAGE, ALLAGADDA MANDAL, KURNOOL DISTRICT 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDH AMARAVATI. 2. KATTAMEEDI MUZAHEED, S/O LATE GORE SAHEB, AGED 36 YEARS, OCC BUSINESS, R/O YERRAGUNTIA VILLAGE, SIRIVELLA MANDAL, NANDYAL DISTRICT. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) , THE SEVENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 11574/2025 POLURU SRINIVASULU @ SREENU,, S/O SUBBARAYUDU, AGED 24 YEARS, OCC PRIVATE EMPLOYEE, R/O.D.NO.8-9 37, YESUNATH STREET, ALLAGADDA TOWN, KURNOOL KUNDURU HARSHA VARDHAN REDDY,, S/O.RAMI REDDY, AGED 27 YEARS, OCC BUSINESS, R/O.1-63, PEDDACHINTAKUNTA VILLAGE, ALLAGADDA MANDAL, KURNOOL DISTRICT. YERRAMSETTY MANOJ,, S/O.Y.SREENIVASUIU AGED 29 YEARS, OCC BUSINESS, R/O.ALLAGADDA TOWN, KURNOOL DISTRICT. BOYA HARISH,, S/O.BOYA NAGESWARA RAO, AGED ABOUT 29 YEARS, OCC PRIVATE EMPLOYEE R/O.D.NO.2 G.JAMBULADINNE VILLAGE, ALLAGADDA MANDAL, KURNOOL ...PETITIONER/ACCUSED(S) AND THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT KATTAMEEDI MUZAHEED, S/O LATE GORE SAHEB, AGED 36 YEARS, OCC BUSINESS, R/O YERRAGUNTIA VILLAGE, SIRIVELLA MANDAL, NANDYAL DISTRICT. IN THE HIGH COURT OF ANDHRA PRADESH [3396] DAY OF NOVEMBER THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA POLURU SRINIVASULU @ SREENU,, S/O SUBBARAYUDU, AGED 9-37, D.NO.8-9- 37, YESUNATH STREET, ALLAGADDA TOWN, KURNOOL S/O.RAMI REDDY, AGED 63, PEDDACHINTAKUNTA VILLAGE, ALLAGADDA MANDAL, KURNOOL DISTRICT. YERRAMSETTY MANOJ,, S/O.Y.SREENIVASUIU AGED 29 YEARS, OCC BUSINESS, R/O.ALLAGADDA TOWN, KURNOOL DISTRICT. .BOYA NAGESWARA RAO, AGED ABOUT 29 YEARS, OCC PRIVATE EMPLOYEE R/O.D.NO.2-122, G.JAMBULADINNE VILLAGE, ALLAGADDA MANDAL, KURNOOL ...PETITIONER/ACCUSED(S) THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC RA PRADESH AT KATTAMEEDI MUZAHEED, S/O LATE GORE SAHEB, AGED 36 YEARS, OCC BUSINESS, R/O YERRAGUNTIA VILLAGE, SIRIVELLA 2 ...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 entire proceedings in so far as petitioners/Accused No 1, 2, 3 and 5 in FIR No. 106/2025 dated 05.11.2025 on the file of Sirivella Police Station, Nandyal District 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 the filing of certified copy of FIR dt. 05.11.2025 in Crime No. 106/2025 of Sirivella P.S., Nandyal District and receive the main Criminal Petition on file in the interests 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 to grant stay of all further proceedings including arrest of the Petitioners/Accused 1, 2. 3 and Sin Crime No. 106 of 2025 dated 05.11.2025 on the file of Sirivella P.S., Nandyal District, pending disposal of the main Criminal Petition Counsel for the Petitioner/accused(S): 1. RAJA DAMOJI RAO Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 11574/2025 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 & 5, seeking quashment of the proceedings pending against them in FIR No. 106/2025 dated 05.11.2025 on the file of Sirivella Police Station, Nandyal District registered for the offences punishable under Sections 127(3), 140(3), 142, 351(2) r/w 3(5) of BNS. 2. Heard Sri Raja Damoji Rao, learned counsel for the petitioners and Mrs.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 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. He would further submit that it is only at crime stage. The case has been registered a few days back only. 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: 07.11.2025. UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 11574/2025 Dated.07.11.2025 UPS 34