APHC010515202025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY, THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10088/2025 Between: 1. CHIGURUPATI VENKATESWARA RAO, S/O. LATE CH. TIRUPATHI,AGED ABOUT 64 YEARS, OCC. AGRICULTURIST,R/O. H.NO.10-19B, MASJID STREET, GOLLAPUDI VILLAGE,VIJAYAWADA RURAL, KRISHNA DISTRICT ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR,HIGH COURT OF A.P. AMARAVATI. 2. KOTHAMASU VENKATA RAMANAIAH, , S/O. SUBBAIAH,AGED. 74 YEARS, OCC. BUSINESS,D.N0.1-3-18/4A, THULLURU VARI STREET,NEAR KUMMARIPALEM, VIDHYADHARAPURAM,VIJAYAWADA RURAL, KRISHNA 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 Court pleased to call for the records pertaining to and in connection with in Crime (FIR) No. 101 of 2025 of Bhavanipuram Police Station Vijayawada City and quash the same 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 to stay all further proceedings including arrest of 2 the petitioner in connection with Crime (FIR) No. 101 of 2025 of Bhavanipuram Police Station, Vijayawada City pending disposal of the Criminal Petition before this Hon’ble Court petitioner concerned, and pass Counsel for the Petitioner/accused: 1. SHAIK MEERAVALI Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10088/2025 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 Petitioner/Accused, seeking quashment of the proceedings pending against him in FIR No.101 of 2025 on the file of Bhavanipuram Police Station, Vijayawada City, registered for the offences punishable under Sections 329(4), 324(4) of BNS. 2. Heard Sri Shaik Meeravali, learned counsel for the Petitioner and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. 3. Learned counsel for the petitioner would submit that the petition may be disposed of by giving protection to the petitioner 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 petitioner 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 petitioner, 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 petitioner is at liberty to challenge the charge sheet, if he feels aggrieved by the same. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 26.09.2025 UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10088/2025 Dated.26.09.2025 UPS 103