APHC010517512025 IN THE HIGH COURT OF ANDHRA PRADESH FRIDAY,THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10233 OF 2025 Between: 1. PYLA APPA RAO, S/o Paidithalli, aged about 31 years, R/o Rajannapalem, Atchuthapuram Mandal, Anakapalli District 2. . Pyla Lakshmi Priya,, W/o Pyla Appa Rao, aged about 34 years, R/o Rajannapalem, Atchuthapuram Mandal, Anakapalli District 3. Pyla Paidithalli,, S/o Muthyalu, aged about 62 years, R/o Rajannapalem, Atchuthapuram Mandal, Anakapalli District 1. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court at Amaravati, through its SHO, Atchuthap 2. Chukka Prasad, S/o Chinna Naidu, aged about 25 years, Bangarayyapalem (V), Atchuthapuram Mandal Anakapalli District. 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 the proceedings in FIR.No.183 of 2025 on the file of the Atchuthapuram P.S, Anakapalli District and quash the same against 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY,THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10233 OF 2025 1. PYLA APPA RAO, S/o Paidithalli, aged about 31 years, R/o Rajannapalem, Atchuthapuram Mandal, Anakapalli District 2. . Pyla Lakshmi Priya,, W/o Pyla Appa Rao, aged about 34 years, R/o Rajannapalem, Atchuthapuram Mandal, Anakapalli District 3. Pyla Paidithalli,, S/o Muthyalu, aged about 62 years, R/o Rajannapalem, Atchuthapuram Mandal, Anakapalli District ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court at Amaravati, through its SHO, Atchuthapuram P.S. Anakapalli District. 2. Chukka Prasad, S/o Chinna Naidu, aged about 25 years, Bangarayyapalem (V), Atchuthapuram Mandal Anakapalli District. ...Respondents Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtpleased to call for the records relating to the proceedings in FIR.No.183 of 2025 on the file of the Atchuthapuram P.S, Anakapalli District and quash the same against the Petitioners and pass IN THE HIGH COURT OF ANDHRA PRADESH FRIDAY,THE TWENTY SIXTH DAY OF SEPTEMBER THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. PYLA APPA RAO, S/o Paidithalli, aged about 31 years, R/o 2. . Pyla Lakshmi Priya,, W/o Pyla Appa Rao, aged about 34 years, R/o 3. Pyla Paidithalli,, S/o Muthyalu, aged about 62 years, R/o Rajannapalem, ...Petitioners 1. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court at uram P.S. Anakapalli District. 2. Chukka Prasad, S/o Chinna Naidu, aged about 25 years, ...Respondents Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtpleased to call for the records relating to the proceedings in FIR.No.183 of 2025 on the file of the Atchuthapuram P.S, the Petitioners and pass 2 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 filing of the original certified copy of FIR. No. 183 of 2025, dated 06.09.2025 on the file of Atchuthapuram P.S, Anakapalle District before this Hon’ble Court 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 grant stay of all further proceedings including appearance of the Petitioners in FIR.No.183 of 2025 on the file of the Atchuthapuram P.S, Anakapalli District, pending disposal of the present Criminal Petition and pass Counsel for the Petitioners: ARDITI VENKATA NAGA YASWANTH Counsel for the Respondents: PUBLIC PROSECUTOR The Court made the following order: 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10233 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 to 3, seeking quashment of the entire proceedings against them in FIR No.183 of 2025, on the file of the A?tchuthapuram Police Station, Anakapalli District. 2. Heard learned counsel for the petitioners 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: 26.09.2025 KKV 5 HON’BLE Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.10233 of 2025 Dt.26.09.2025 KKV