APHC010519352025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10157/2025 Between: 1. P.PREM KUMAR,, S/O LATE P.RATNAM, AGED 45 YEARS. OCCUPATION ORGANIZER IN NYSS GIRLS HOSTEL, R/O H.NO. 4- 134, TEACHERS COLONY, PITCHATUR, CHITTOOR DISTRICT, AP- 517587. 2. SMT.P.SUMATHI,, WO LATE BALAJI, AGED 47 YEARS. OCCUPATION COOK IN NYSS GIRLS HOSTEL, R/O H.NO. 2-12, SRI RAMAPURAM, NINDRA MANDAL, CHITTOOR DISTRICT, AP- 517587. 3. SMT.G.SUSILA, , W/O K.GOVINDHARAJULU, AGED 55 YEARS. OCCUPATION COOK IN NYSS GIRLS HOSTEL, R/O H.NO. 6-2, CHAVARAMBAKAM, NINDRA MANDAL, CHITTOOR DISTRICT, AP- 517587. 4. SMT.H.JEEVAMMA,, W/O KATAIAH ,AGED 60 YEARS. OCCUPATION COOK IN NYSS GIRLS HOSTEL R/O H.NO. 2-39, SRI RAMAPURAM, NINDRA MANDAL, CHITTOOR DISTRICT, AP- 517587. 5. AMMULU,, W/O SIMHADIRI, AGED 41YEARS, OCCASIONAL LABOUR IN NYSS GIRLS HOSTEL NETTED ST CENTRE, NINDRA MANDAL, CHITTOOR DISTRICT, AP-517587 ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY THE 2 PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THROUGH THE STATION HOUSE OFFICER, VIJAYAPURAM POLICE STATION, VIZIANAGARAM DISTRICT. 2. SRI K RANGA, SUB-INSPECTOR OF POLICE, VIJAYAPURAM POLICE STATION,CHITTOOR DISTRICT. ...RESPONDENT/COMPLAINANT(S): 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 relating to and connected with Crime in FIR.No.42 of 2025 on the file of the Station House Qfficer, Vijayapuram Police Station Chittoor District, and quash the same against the petitioners/ Accused No.1 to 5, 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 pleased to dispense with the filing of certified copy of Crime in FIR.No.42 of 2025 on the file of the Station House Officer, Vijayapuram Police Station Chittoor District, for the present 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 order stay of all further proceedings Crime in FIR.No.42 of 2025 on the file of the Station Flouse Officer, Vijayapuram Police Station Chittoor District, including arrest of petitioners/ Accused No.1 to 5 pending disposal of the above Criminal Petition, in the interest of justice Counsel for the Petitioner/accused(S): 1. B SIVA KESAVA REDDY Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10157/2025 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 5, seeking quashment of the proceedings pending against them in FIR No.42 of 2025 on the file of SHO, Vijayapuram Police Station, Chittoor District, registered for the offences punishable under Sections 271, 272, 125(a) of BNS and Section 75 of JJ Act. 2. Heard Sri B.Siva Kesava Reddy, 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: 25.09.2025 UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10157/2025 Dated.25.09.2025 UPS 94