W- APHC010413452025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE SEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION No.8335 of 2025 Between; 1. Jagannadha Swamy Kanakala, S/o. Venkata Subbaiah, Aged 45 years, D.No. 3-189, Kajuluru Village and Mandal, Kakinada District, Andhra Pradesh. ...PETITIONER/ACCUSED AND 1. The State of Andhra Pradesh. Represented, by its Public Prosecutor, High Court of Andhra Pradesh at High Court Buildings at Nelapadu, Amaravathi, Guntur District, Andhra Pradesh. (SHO PS Gollapalem, Kakinada District) 2. Chodabathula Manikanta, S/o. Subbarao, aged about 30 Years, R/o.Jagannadhagiri Village, Kajuluru Village, Kakinada District, Andhra Pradesh. ...RESPONDENTS Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to call for the records in connection with and relating to Crime in FIR No.76 of 2025 dated 15.06.2025 on the file of the SHO PS Gollapalem, Kakinada District and to quash the same. lA NO: 2 OF 2025 Petition under Section 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 in Crime in FIR No.76 of 2025 dated 15.06.2025 on the file of the SHO PS Gollapalem, Kakinada District. Counsel for the Petitioner ; SRI V SAI KUMAR Counsel for Respondent No.1: PUBLIC PROSECUTOR Counsel for Respondent No.2: NONE APPEARED The Court made the following ORDER: APHC010413452025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE SEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION No. 8335/2025 Between: JAGANNADHA SWAMY KANAKALA, S/0. VENKATA SUBBAIAH, AGED YEARS, D.NO. 3-189, KAJULURU VILLAGE AND MANDAL, KAKINADA DISTRICT, ANDHRA PRADESH. 45 ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, REPRESENTED, BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT HIGH COURT BUILDINGS AT NELAPADU, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH. (SHO PS GOLLAPALEM, KAKINDA DISTRICT) 2.CHODABATHULA MANIKANTA, S/0 SUBBARAO, AGED ABOUT 30 YEARS, R/0, JAGANNADHAGIRI VILLAGE, KAJULURU VILLAGE, KAKINADA DISTRICT, ANDHRA PRADESH. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1.VSAI KUMAR Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: ORDER: The instant Criminal Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by the Petitioner/Accused, to quash the proceedings against him in F.I.R.No.76 of 2025 of Gollapalem Police Station Kakinada District, for the offence punishable under Section 308(2) of the Bharatiya Nyaya Sanhita, 2023. '11 2. When the matter is taken up for hearing, Sri V.Sai Kumar, 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 Bihar\ 3. Ms.K.Priyanka Lakshmi, learned Assistant submit that the offence registered against the Petitioner seven years period of imprisonment and the concerned Station House Officer. 4. Considering the submissions, the Criminal Petition is disposed of with the following; Public Prosecutor, would is punishable with necessary direction may be given to a. Investigating Officer is at liberty to complete the investigation, i accordance with law. b. In the event of in 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, which is pari materia to Section 41-A of the Code of Criminal Procedure, and the guidelines laid down by the Hon’ble Supreme Court in Arnesh Kumar’s case (supra). Pending applications, if any, shall stands closed. ^ (2014) 8 see 273 SD/- B.PRASADARAO / ASSISTANT REGISTR^^ SEeTION OFFieER X //TRUE eOPY// To 1. The Station House Officer, Gollapalem Police Station, Kakinada District. 2. One CC to Sri V Sai Kumar, Advocate [OPUC] 3. Two CCs to the Public Prosecutor, High Court of Andhra Amaravathi [OUT] 4. Two CD Copies Pradesh TK TAC HIGH COURT DATED:07/08/2025 ORDER CRLP No.8335 of 2025 0^ sf 0 7 AUG 2025 ^SCinwntStclioiiX^yi 60 DISPOSING OF THE CRIWIINAL PETITION