APHC010506632025 IN THE HIGH COURT OF ANDHRA PRADESH TUESDAY,THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9982 OF 2025 Between: 1. MUDARABOINA VIJAY @ MUDARABOINA VIJAY RATNAM, S/o M. Nageswara Rao, aged about 24 years, R/o D. No. 1 Street, Pedanindrakolanu Village, Nidamanu Mandal, West Godavari District. 2. Dasari Suresh, S/o Nageswara Rao, aged ab Society Street, Pedanindrakolanu Village, Nidamanu Mandal, West Godavari District. 2. Dasari Suresh, S/o Nageswara Rao, aged about 32 years, R/o D.No.2 Society Street, Pedanindrakolanu Village, Nidamanu Mandal, West Go District. 1. MANGAMURI CHANDRASEKHAR, S/o Fakir, aged about 32 years, R/o Pedanindrakolanu Village, Nidamanu Mandal, West Godavari District. ...Respondent/ Defacto Complainant 2 2. State of Andhra Pradesh, . through SHO, Nid rep. by its Public Prosecutor, High Court of Andhra Pradesh, Amaravati. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY,THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9982 OF 2025 1. MUDARABOINA VIJAY @ MUDARABOINA VIJAY RATNAM, S/o M. Nageswara Rao, aged about 24 years, R/o D. No. 1-133, Toorpu Gudem Street, Pedanindrakolanu Village, Nidamanu Mandal, West Godavari District. 2. Dasari Suresh, S/o Nageswara Rao, aged about 32 years, R/o D.No.2 Society Street, Pedanindrakolanu Village, Nidamanu Mandal, West Godavari 2. Dasari Suresh, S/o Nageswara Rao, aged about 32 years, R/o D.No.2 Society Street, Pedanindrakolanu Village, Nidamanu Mandal, West Go ...Petitioners AND 1. MANGAMURI CHANDRASEKHAR, S/o Fakir, aged about 32 years, R/o Pedanindrakolanu Village, Nidamanu Mandal, West Godavari District. ...Respondent/ Defacto Complainant 2 2. State of Andhra Pradesh, . through SHO, Nidamarru PS, Eluru District, rep. by its Public Prosecutor, High Court of Andhra Pradesh, Amaravati. ...Respondents IN THE HIGH COURT OF ANDHRA PRADESH TUESDAY,THE TWENTY THIRD DAY OF SEPTEMBER THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. MUDARABOINA VIJAY @ MUDARABOINA VIJAY RATNAM, S/o M. 133, Toorpu Gudem Street, Pedanindrakolanu Village, Nidamanu Mandal, West Godavari District. out 32 years, R/o D.No.2-55, Society Street, Pedanindrakolanu Village, Nidamanu Mandal, West Godavari 2. Dasari Suresh, S/o Nageswara Rao, aged about 32 years, R/o D.No.2-55, Society Street, Pedanindrakolanu Village, Nidamanu Mandal, West Godavari ...Petitioners 1. MANGAMURI CHANDRASEKHAR, S/o Fakir, aged about 32 years, R/o Pedanindrakolanu Village, Nidamanu Mandal, West Godavari District. amarru PS, Eluru District, rep. by its Public Prosecutor, High Court of Andhra Pradesh, Amaravati. ...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 dispense with the filing of the certified copy of F.I.R.No. 91 of 2025 of Nidamarru Police Station, Eluru 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 pleased to quash the proceedings in F.I.R.No. 91 of 2025 of Nidamarru PS, Eluru District against the petitioners 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 in F.I.R.No. 91 of 2025 of Nidamarru PS, Eluru District including arrest of the petitioners, pending disposal of the criminal petition and pass Counsel for the Petitioners: SRINIVASULA REDDY KOMMASANI Counsel for the Respondents: PUBLIC PROSECUTOR Counsel for the Respondents: The Court made the following order: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9982 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 Nos.1 and 2, seeking quashment of the entire proceedings against them in FIR No.91 of 2025, on the file of the Nidamarru Police Station, Eluru District. 2. Heard Sri Kommasani Srinivasula Reddy, 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 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 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: 23.09.2025 KKV HON’BLE Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.9982 of 2025 Dt.23.09.2025 KKV