APHC010665982025 IN THE HIGH COURT OF ANDHRA PRADESH WEDNESDAY,THE TENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 12759 OF 2025 Between: 1. Bannaravuri Venkatakrishna, S/o Sambasivarao,Aged 44 years, Occ Cultivation, Ex-BSF Jawan,R/o.D.No.8 Mandal, Palnadu District. 1. The State of Andhra Pradesh, Rep. by its Public Prosecutor,High Court Andhra Pradesh at Amaravati. 2. Bellamkonda Durgarao, S/o Venkateswarlu,Aged 48 years, Occ Panchayat Secretai,R/o. Anupalem Village, Rajupalem MandalPalnadu 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 Courtmay be pleased to quash the entire proceedings in so far as petitioner/Accused in FIR No. 190/2025 dated 23.09.2025 on the file of Nekarekal Police statio such IA NO: 1 OF 2025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY,THE TENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 12759 OF 2025 1. Bannaravuri Venkatakrishna, S/o Sambasivarao,Aged 44 years, Occ BSF Jawan,R/o.D.No.8-11, Rupenaguntia Village,Nekarekal ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Public Prosecutor,High Court Andhra Pradesh at Amaravati. 2. Bellamkonda Durgarao, S/o Venkateswarlu,Aged 48 years, Occ Panchayat Secretai,R/o. Anupalem Village, Rajupalem MandalPalnadu District. ...Respondents Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS ng that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtmay be pleased to quash the entire proceedings in so far as petitioner/Accused in FIR No. 190/2025 dated 23.09.2025 on the file of Nekarekal Police station,Palnadu District and to pass IN THE HIGH COURT OF ANDHRA PRADESH THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. Bannaravuri Venkatakrishna, S/o Sambasivarao,Aged 44 years, Occ 11, Rupenaguntia Village,Nekarekal ...Petitioner 1. The State of Andhra Pradesh, Rep. by its Public Prosecutor,High Court of 2. Bellamkonda Durgarao, S/o Venkateswarlu,Aged 48 years, Occ Panchayat Secretai,R/o. Anupalem Village, Rajupalem MandalPalnadu District. ...Respondents Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS ng that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtmay be pleased to quash the entire proceedings in so far as petitioner/Accused in FIR No. 190/2025 dated n,Palnadu District and to 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 High Court may be pleased may beTherefore, pleased to dispense vi/ith the filing of certified copy of FIR dt. 23.09.2025 in No. 190/2025 of Nekarekal Police station, Palnadu District and receive Crime the main Criminai Petition on file in the interests of justice and to pass such 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 may be pleased to grant stay of all further proceedings including arrest of the petitioner/Accused in crime no 190/2025 dated23.09.2025 on the file of Nekarekal Police station, Palnadu District, pending disposal of the main Criminal Petition and pass Counsel for the Petitioner: KATTA SUDHAKAR Counsel for the Respondents: The Court made the following order: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 12759 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 him in the FIR No. 190/2025 dated 23.09.2025 on the file of Nekarekal Police station,Palnadu District. 2. Heard Sri Katta Sudhakar, 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 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 offence registered against the petitioner 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; 1 (2014) 8 SCC 273 a. Investigating Officer is at liberty to complete the investigation, in accordance with law and file final report upon completing investigation. 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, [41-A Cr.P.C.] and the guidelines laid down by the Hon’ble Supreme Court in Arnesh Kumar’s case (supra). 7. 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 they feel aggrieved by the same. 8. Accordingly, the Criminal Petition is disposed of. Pending applications, if any, shall stands closed. ______________________________________ Dr.VENKATA JYOTHIRMAI PRATAPA,J Date: 10.12.2025 KKV 206 HON’BLE Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 12759 OF 2025 Dt.10-12-2025 KKV HIGH COURT OF ANDHRA PRADESH:: AMARAVATI MAIN CASE NO.: CRIMINAL PETITION NO: 12759 OF 2025 PROCEEDING SHEET Sl. No. Date ORDER OFFICE NOTE 1 10.12.2025 Dr.VJP,J The Criminal Petition is disposed of. (Vide separate order) ________ Dr.VJP, J KKV