APHC010514252025 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: 10094 OF 2025 Between: 1. Sri Karthik Katta, S/o late Devadas, Aged 33 yrs, Occ House Wife, R/at High Schoolcentre, Ganga Nagar, Kanchika Cherla, Krishna District. 1. The State of Andhra Pradesh, Through the S.H.O., of Penuganchiprolu , Rep., by its PubiicProsecutor High Court at Amaravathi. 2. Sirisha Jangam, W/o Karthik Aged 35 yrs, Penuganchiprolu Mandal, KrishnaDistrict. Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the M Criminal Petition, the High Courtmay be Pleased to Quash the impugned proceedings in F.I.R. No. 135/2025 dt.27/07/2025 on the file of Penuganchiprolu, Krishna District as against the Petitioner / A the Criminal Petition 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 1 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: 10094 OF 2025 1. Sri Karthik Katta, S/o late Devadas, Aged 33 yrs, Occ House Wife, R/at High Schoolcentre, Ganga Nagar, Kanchika Cherla, Krishna District. ...Petitioner AND 1. The State of Andhra Pradesh, Through the S.H.O., of Penuganchiprolu , biicProsecutor High Court at Amaravathi. 2. Sirisha Jangam, W/o Karthik Aged 35 yrs, Penuganchiprolu Mandal, ...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 Courtmay be Pleased to Quash the impugned proceedings in F.I.R. No. 135/2025 dt.27/07/2025 on the file of Penuganchiprolu, Krishna District as against the Petitioner / A-1 by Allowing etition and pass 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 IN THE HIGH COURT OF ANDHRA PRADESH WEDNESDAY,THE TWENTY FOURTH DAY OF SEPTEMBER THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. Sri Karthik Katta, S/o late Devadas, Aged 33 yrs, Occ House Wife, R/at High Schoolcentre, Ganga Nagar, Kanchika Cherla, Krishna District. ...Petitioner 1. The State of Andhra Pradesh, Through the S.H.O., of Penuganchiprolu , 2. Sirisha Jangam, W/o Karthik Aged 35 yrs, Penuganchiprolu Mandal, ...Respondents Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS emorandum of Grounds of Criminal Petition, the High Courtmay be Pleased to Quash the impugned proceedings in F.I.R. No. 135/2025 dt.27/07/2025 on the file of 1 by Allowing 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 2 High Court may be pleased May be pleased to STAY of the proceedings in F.I.R. No. 135/2025 dt.27/07/2025 on the file of Penuganchiprolu, Krishna District as against the Petitioner /A-1 including by taking any coercive steps pending disposal of the main Criminal Petition 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 dispense with filing of the original certified copy of FIR NO. 135/2025, dated 27/07/2025 on the file of SHO of Penuganchiprolu before this Hon'ble Court and pass Counsel for the Petitioner: R SIVA SAI SWARUP Counsel for the Respondents: PUBLIC PROSECUTOR The Court made the following order: 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10094 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, seeking quashment of the entire proceedings against them in FIR No.135 of 2025, dated 27.07.2025 on the ifle of SHO, Penuganchiprolu. 2. Heard Sri Siva Sai Swarup, 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 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 4 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: 24.09.2025 KKV 5 HON’BLE Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.10094 of 2025 Dt.24.09.2025 KKV