APHC010668822025 IN THE HIGH COURT OF ANDHRA PRADESH WEDNESDAY,THE TENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 12793 OF 2025 Between: 1. Chinthapalli Lakshmi, W/o. Chinthapalli Madhusudhana Rao,Occ House wife R/o. H.No. 1-4-8-6, RTC Work Shop Road, Sanjeeva Nagar Colony Road, Bhavanipuram, Vijayawada Urban, Vidyadharapurann, N.T.R Krishna District. 2. Syed Jalaluddin @ Jalaal, S/o. Sayye H.No. 76-2-4, galishyyed baba darga,Bhavanipuram, out ajency, Vijayawada,N.T.R. Krishna District. 1. The State of Andhra Pradesh, Represented by Its Public Prosecutor, High Court of A.P,throughits PS Krish 2. Thumati Srinivasa Rao, S/o. Nageswara Rao, age 45 yrs Occ Business, R/o. Sampara Thathabbayi Kalyanamandapam,Arujn street, I Vijayawada, NTR Krishna District. Petition under Section 437/438/439/482 of praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtpleased to quash the proceedings against IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY,THE TENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 12793 OF 2025 1. Chinthapalli Lakshmi, W/o. Chinthapalli Madhusudhana Rao,Occ House 6, RTC Work Shop Road, Sanjeeva Nagar Colony Road, Bhavanipuram, Vijayawada Urban, Vidyadharapurann, N.T.R Krishna 2. Syed Jalaluddin @ Jalaal, S/o. Sayyed Hamanudden, Occ Business,R/o. 4, galishyyed baba darga,Bhavanipuram, out ajency, Vijayawada,N.T.R. Krishna District. ...Petitioners AND 1. The State of Andhra Pradesh, Represented by Its Public Prosecutor, High Court of A.P,throughits PS Krishnalanka, NTR Krishna District. 2. Thumati Srinivasa Rao, S/o. Nageswara Rao, age 45 yrs Occ Business, R/o. Sampara Thathabbayi Kalyanamandapam,Arujn street, I Vijayawada, NTR Krishna 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 quash the proceedings against IN THE HIGH COURT OF ANDHRA PRADESH THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. Chinthapalli Lakshmi, W/o. Chinthapalli Madhusudhana Rao,Occ House 6, RTC Work Shop Road, Sanjeeva Nagar Colony Road, Bhavanipuram, Vijayawada Urban, Vidyadharapurann, N.T.R Krishna d Hamanudden, Occ Business,R/o. 4, galishyyed baba darga,Bhavanipuram, out ajency, ...Petitioners 1. The State of Andhra Pradesh, Represented by Its Public Prosecutor, High 2. Thumati Srinivasa Rao, S/o. Nageswara Rao, age 45 yrs Occ Business, R/o. Sampara Thathabbayi Kalyanamandapam,Arujn street, I-Town, ...Respondents 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 quash the proceedings against the petitioners No. 1 and 2 in F.I.R. No. 128 of 2025, dated 14-10-2025, Police: Vijayawada I-Town, NTR Krishna 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 please to dispense with the filing of Certified Copy of F.I.R. No. 128 of 2025, dated 14-10-2025, Police: Vijayawada l- Town, NTR Krishna District and 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 pleased to Stay all further proceedings against the petitioners No. 1 & 2 in F.I.R. No. 128 of 2025, dated 14-10- 2025, Police: Vijayawada I- Town, NTR Krishna District and pass Counsel for the Petitioners: ALLURI RAGHU RAMA AURAVA Counsel for the Respondents: PUBLIC PROSECUTOR The Court made the following order: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 12793 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 Petitioner/Accused Nos.1 and 2, seeking quashment of the entire proceedings against them in the F.I.R. No. 128 of 2025, dated 14-10-2025, Police: Vijayawada I-Town, NTR Krishna District. 2. Heard Sri Alluri Raghu Rama Aurava, 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 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 petitioners are 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; 1 (2014) 8 SCC 273 a. Investigating Officer is at liberty to complete the investigation, in accordance with law and submit final report to the concerned Magistrate after completing investigation. 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, [41-A Cr.P.C.] and the guidelines laid down by the Hon’ble Supreme Court in Arnesh Kumar’s case (supra). 7. It goes without saying that, if any charge sheet is filed in the above crime, the petitioners are at liberty to challenge the same, if so advised. 8. Accordingly, the Criminal Petition is disposed of. Pending applications, if any, shall stands closed. ______________________________________ Dr.VENKATA JYOTHIRMAI PRATAPA,J Date: 10.12.2025 KKV 204 HON’BLE Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No. 12793 OF 2025 Dt.10-12-2025 KKV HIGH COURT OF ANDHRA PRADESH:: AMARAVATI MAIN CASE NO.: Crl.P.No. 12793 OF 20255 PROCEEDING SHEET Sl. No. Date ORDER OFFICE NOTE 1 10.12.2025 Dr.VJP,J The Criminal Petition is disposed of. (Vide separate order) ________ Dr.VJP, J KKV