APHC010511742025 IN THE HIGH COURT OF ANDHRA PRADESH WEDNESDAY,THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10033 OF 2025 Between: 1. SRI RAMESH, S/o. Vemappa, Aged about 37 Years. Occ. Driver, R/o. D.No.6-17,T.Bandapalli Village, V.Kota Mandal, Chittoor District. 1. The State of Andhra Pradesh, represented by Station House Officer, V.Kota Police Station, Chittoor District, Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh, Amaravati. 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 Gro Criminal Petition, the High Courtpleased to call for the records in Crime No.40 of 2025 registered on 19.03.2025 on the file of the V Kota Police Station, Chittoor District and quash the same and pass su IA NO: 1 OF 2025 Petition under Section circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased leased to dispense with the filing of the certified copy of the Crime No.40 of 2025 registered on 19.03 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY,THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10033 OF 2025 1. SRI RAMESH, S/o. Vemappa, Aged about 37 Years. Occ. Driver, R/o. 17,T.Bandapalli Village, V.Kota Mandal, Chittoor District. ...Petitioner AND 1. The State of Andhra Pradesh, represented by Station House Officer, , Chittoor District, Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh, Amaravati. ...Respondent 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 Gro Criminal Petition, the High Courtpleased to call for the records in Crime No.40 of 2025 registered on 19.03.2025 on the file of the V Kota Police Station, Chittoor District and quash the same and pass su 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 leased to dispense with the filing of the certified copy of the Crime No.40 of 2025 registered on 19.03.2025 on the file of the V IN THE HIGH COURT OF ANDHRA PRADESH WEDNESDAY,THE TWENTY FOURTH DAY OF SEPTEMBER THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. SRI RAMESH, S/o. Vemappa, Aged about 37 Years. Occ. Driver, R/o. ...Petitioner 1. The State of Andhra Pradesh, represented by Station House Officer, , Chittoor District, Andhra Pradesh, Rep. by its Public ...Respondent 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 Crime No.40 of 2025 registered on 19.03.2025 on the file of the V Kota Police Station, 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 leased to dispense with the filing of the certified .2025 on the file of the V Kota Police Station, Chittoor District, pending disposal of the above Criminal Petition and pass s 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 stay all further proceedings in Crime No.40 of 2025 registered on 19.03.2025 on the file of the V Kota Police Station, Chittoor District, pending disposal of the above Criminal Petition and pass Counsel for the Petitioner: B.V.DURGA PRASAD Counsel for the Respondent PUBLIC PROSECUTOR The Court made the following order: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10033 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, seeking quashment of the entire proceedings against them in FIR No.40 of 2025, dated 19.03.2025 on the file of the V Kota Police Station, Chittoor District. 2. Heard Sri B.V.Duraprasad, learned counsel for the petitioner and Ms. K.Priyanka Lakshmi learned Assistant Public Prosecutor representing 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 offence registered against the petitioner 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 petitioner is 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: 24.09.2025 KKV 297 HON’BLE Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.10033 of 2025 Dt.24.09.2025 KKV