APHC010652312025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY,THE FOURTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 12528/2025 Between: 1. CHITTURI SATISH, S/O. UMA NAGESWARA RAO, AGED 31 YEARS,OCC AGRICULTURE, R/O. D.NO.1-158,MPUP SCHOOL, PADAMATIPALEM VILLAGE,KALIDINDI MANDAL, ELURU DISTRICT. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, THROUGH SHO KALIDINDI POLICE STATION REPRESENTED BY ITS PUBLIC PROSECUTOR,HIGH COURT OF AP AT AMARAVATI 2. BADINA VENKATESH, S/O. SRINU, AGED 22 YEARS,OCC AUTO/MOTOR BIKES CONSULTANT,R/O.PADAMATIPALEM VILLAGE,KALIDINDI MANDAL, ELURU 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 Crime/ F.I.R.No.172 of 2025 on the file of SHO Kalidindi Police Station, Eluru District against the Petitioner and pass such 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 may be pleased to stay of all further proceedings including arrest of the Petitioner in theCrime/ F.I.R.No.172 of 2025 on the file of SHO Kalidindi Police Station, Eluru District and pass such Counsel for the Petitioner/accused: 1. RAMBABU KOPPINEEDI Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION No: 12528 of 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 crime/F.I.R.No.172 of 2025 on the file of the Station House Officer, Kalidindi Police Station, Eluru District, for the offences punishable under Sections 333, 302(2), 351(2) of BNS (Section 452, 378, 507 of I.P.C.) 2. Heard Sri Rambabu Koppineedi, learned Counsel for the Petitioner/accused 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. 1 (2014) 8 SCC 273 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: 04.12.2025. M K K HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION No: 12528 of 2025 Dated.04.12.2025 M K K 117