APHC010634312025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE TWENTY FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 12209/2025 Between: 1. BADRI PAVAN KUMAR, SHOWN IN FIR AS BADHRI PAVAN KUMAR, S/O. RAMBABU, AGED ABOUT 37 YEARS,R/O. 5-55/4, ANJANI STREET, VAKALAPUDI, SANTHOSH NAGAR, KAKINADA URBAN, EAST GODAVARI DISTRICT. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, STATION HOUSE OFFICER, KARAPA POLICE STATION, KAKINADA DISTRICT THROUGH ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT AMARAVATI. 2. CHIKALA SUBBARAO, S/O. NARAYANAMURTHY, AGED ABOUT 35 YEARS, R/O. D.NO.4-1 L, GORRIPUDI VILLAGE, KARAPA MANDAL, KAKINADA 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 may be pleased to quash the FIR No.201/2025, dated 10-11-2025 in Karapa Police Station, Kakinada District, against the petitioner herein 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 2 High Court may be pleased pleased to dispense with filing of certified copy of FIR No.201/2025, dt. 10-11-2025 in Karapa Police Station, Kakinada District, 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 proceedings against the petitioner herein in connection with FIR No.201/2025, dt. 10-11-2025 in Karapa Police Station, Kakinada District, including his arrest and pass Counsel for the Petitioner/accused: 1. SASANKA BHUVANAGIRI Counsel for the Respondent/complainant(S): 1. 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 12209/2025 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 No.1, seeking quashment of the proceedings pending against him in FIR No.201/2025, dated 10-11-2025 of Karapa Police Station, Kakinada District, registered for the offences punishable under Sections 318(4) r/w 3(5) of BNS. 2. Heard Sri Sasanka Bhuvanagiri, learned Counsel for the Petitioners and Mrs.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. 5. Considering the submissions, this Criminal petition is disposed of with the following; 1 (2014) 8 SCC 273 4 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: 25.11.2025. UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 12209/2025 Dated.25.11.2025 UPS 118