APHC010532802025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY, THE EIGHTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10386/2025 Between: 1. SHAIK KHAJJE BAIG, S/O USHAMAN BAIG, AGED ABOUT 44 YEARS, OCC GOVTTEACHER, H/O NO 20-137 ,DOWN STREET-MP EAST VILLAGE , NELLIMARLA,VIZIANAGARAM, ANDHRA PRADESH 2. SHAIK USMAN BAIG, S/O PENTA BAIG, AGED ABOUT 74 YEARS, R/O H.NO C-103,DIGUVA STREET, KONDAPETA, NELLIMARLA, VIZIANAGARAM, ANDHRAPRADESH 3. SHAIK SARPHUN BAIG, W/O SHAIK USMAN BAIG, AGED ABOUT 64 YEARS, OCC HOUSE WIFE R/O 20-137 ,DOWN STREET-MP EAST VILLAGE , NELLIMARLA,VIZIANAGARAM, ANDHRA PRADESH ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT BUILDINGS, AMARAVATI, THROUGH STATION HOUSE OFFICER,PACHIPENTA POLICE STATION, PARVATHIPURAM MANYAM DISTRICT. 2. SHAIK SAHIDA, W/O KHAZAZI BAIG, AGED ABOUT 29 YEARS, OCC HOUSE WIFER/O PACHIPENTA VILLAGE AND MANDAL, PARVTHIPURAM MANYAM DISTRICT. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused(S): 1. BONU RAMA SHANKAR RAO 2 Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10386/2025 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, seeking quashment of the proceedings against them in Crime No.89 of 2025 on the file of Pachipenta Police Station, Parvathipuram Manyam District, registered for the offences punishable under Sections 85 of BNS and Sections 3 & 4 of Dowry Prohibition Act. 2. Heard Sri Bonu Rama Shankar Rao, learned counsel for the petitioners and Ms.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 Assistant 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. 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: 08.10.2025 UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10386/2025 Dated.08.10.2025 UPS 34