APHC010708122025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 13438/2025 Between: 1. A RIZWAN, S/O ATA UR RAHMAN AGED ABOUT 27YEARS, OCC BUSINESS,R/0.3-196-A, OSMANIA COLLEGE ROADKURNOOL, KURNOOL DISTRICT. 2. SHAIK ATAVUR RAHMAN, S/O.ABDUL GANNI, AGED ABOUT 57 YEARS,OCC BUSINESS,R/O. R/0.3-196-A, OSMANIA COLLEGE ROAD KURNOOL, KURNOOL DISTRICT. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR HIGH COURT OF ANDHRA PRADESHAT AMARAVATI. 2. KAMMA DHANAKALSHMI, W/O.KAKARLA BHEEMESHAGED ABOUT 49 YEARS, OCC NOT KNOWN TO THE PETITIONERR/O.2/157, SITARAM NAGAR, ADONI TOWN,KUNROOL DISTRICT. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused(S): 1. K JANAKIRAMI REDDY Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court Made the Following Order: The instant Criminal Petition is filed under Section 528 of the BNSS, by the Petitioners/Accused Nos.1 and 2, to quash the proceedings in Crime No.107 of 2025 of Adoni III Town Police Station, registered for the offences punishable under Sections 336(3), 340(2), 318(4), 75(2) and 351(3) read with 3(5) of BNS. 2 2. Heard Sri K.Janakirami Reddy, learned counsel for the petitioners and Ms.Priyanka Lakshmi, learned Assistant Public Prosecutor representing the respondent/State. Registry is directed to print the name of Sri Butta Vijaya Bhaskar, learned counsel, who filed vakalat for respondent No.2. 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. 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 the Bharatiya Nagarik Suraksha Sanhita, 2023, and the 1 (2014) 8 SCC 273 3 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 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:30.12.2025 Asr 4 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.13438 of 2025 Dt.30.12.2025 Asr