APHC010510212025 IN THE HIGH COURT OF ANDHRA PRADESH TUESDAY,THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10011 OF 2025 Between: 1. Nallamgari Kanthamma, W/o. N.Chandra Shekar Reddy, aged about 49 Years, R/o. D.No.8/47, Duggayapalli, Peddaputha Village, YSR (Kadapa) District 2. Nallamgari Gouri Prasad Reddy, S/o. N.Chandra Shekar Reddy, aged about 22 Years, R/o. D.No.8/4 (Kadapa) District 1. The State of Andhra Pradesh, Rep by its Public Prosecutor through Vallur PS, YSR (Kadapa) District High Court of Andhra Pradesh at Amaravati 2. Chinngurivigari Yellamma, W/ Pedda Lebaka Village, Vallur Mandal YSR (Kadapa) District 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 call for the records in F.l.R.No.l73 of 2025, dated 19.08.2025 on the file of the Vallur Police Station, YSR (Kadapa) District and quash the same and pass s IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY,THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10011 OF 2025 1. Nallamgari Kanthamma, W/o. N.Chandra Shekar Reddy, aged about 49 Years, R/o. D.No.8/47, Duggayapalli, Peddaputha Village, YSR (Kadapa) 2. Nallamgari Gouri Prasad Reddy, S/o. N.Chandra Shekar Reddy, aged about 22 Years, R/o. D.No.8/47, Duggayapalli, Peddaputha Village, YSR ...Petitioners AND 1. The State of Andhra Pradesh, Rep by its Public Prosecutor through Vallur PS, YSR (Kadapa) District High Court of Andhra Pradesh at Amaravati 2. Chinngurivigari Yellamma, W/o. Srinivasulu, age about 48 Years, R/o. Pedda Lebaka Village, Vallur Mandal YSR (Kadapa) District ...Respondents 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 call for the records in F.l.R.No.l73 of 2025, dated 19.08.2025 on the file of the Vallur Police Station, YSR (Kadapa) District and quash the same and pass s IN THE HIGH COURT OF ANDHRA PRADESH TUESDAY,THE TWENTY THIRD DAY OF SEPTEMBER THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. Nallamgari Kanthamma, W/o. N.Chandra Shekar Reddy, aged about 49 Years, R/o. D.No.8/47, Duggayapalli, Peddaputha Village, YSR (Kadapa) 2. Nallamgari Gouri Prasad Reddy, S/o. N.Chandra Shekar Reddy, aged 7, Duggayapalli, Peddaputha Village, YSR ...Petitioners 1. The State of Andhra Pradesh, Rep by its Public Prosecutor through Vallur PS, YSR (Kadapa) District High Court of Andhra Pradesh at Amaravati o. Srinivasulu, age about 48 Years, R/o. ...Respondents 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 call for the records in F.l.R.No.l73 of 2025, dated 19.08.2025 on the file of the Vallur Police Station, YSR 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 pleased to dispense with the certified copy of F.I.R.No. 173 of 2025, dated 19.08.2025 on the file of the Vallur Police Station, YSR (Kadapa) District, 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 grant stay of all further proceedings in F.I.R.No. 173 of 2025, dated 19.0BJ2025 on the file of the Vallur Police Station, YSR (Kadapa) District, pending disposal of the Criminal Petition and pass Counsel for the Petitioners: SHAIK MOHAMMED ISMAIL Counsel for the Respondents: PUBLIC PROSECUTOR The Court made the following order: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10011 OF 2025 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 Petitioners/Accused Nos.1 and 2, seeking quashment of the entire proceedings against them in FIR No.173 of 2025, Vallur Police Station, YSR Kadapa District. 2. Heard learned counsel for the petitioners and Ms. K.Priyanka Lakshmi learned Assistant Public Prosecutor representing 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 offence registered against the petitioners is 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; a. Investigating Officer is at liberty to complete the investigation, in accordance with law. 1 (2014) 8 SCC 273 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 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 he feels aggrieved by the same. 7. Accordingly, the Criminal Petition is disposed of. Pending applications, if any, shall stands closed. ______________________________________ Dr.VENKATA JYOTHIRMAI PRATAPA,J Date: 23.09.2025 KKV HON’BLE Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.10011 of 2025 Dt.23.09.2025 KKV