APHC010687632025 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: 13105/2025 Between: 1. GANNAVARAPU SANJAY, S/O. BABURAO, AGED 37 YEARS, C/SC - MALA, D.NO. 2-6-23, 1ST STREET, AMBIKA NAGAR, ILTD JUNCTION, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT, ANDHRA PRADESH - 533101. 2. MUNAMALA BAPUJI @ DOCTOR BABJI,, S/O. BALARAM, AGED 55 YEARS, RIO. D.NO. 2-40-72, OPPOSITE LADIES HOSPITAL, A C GARDENS, RAJAHMUNDRY URBAN, EAST GODAVARI DISTRICT, ANDHRA PRADESH -533101. 3. BONTHU ANAND,, S/O. APPARAO, AGED 35 YEARS, RIO. D.NO.2-19-02, KONDA VANI STREET, A C GARDENS, RAJAHMUNDRY URBAN, EAST GODAVARI DISTRICT, ANDHRA PRADESH -533101. 4. CHODAVARAPU DURGESH,, S/O. SATTIBABU, AGED 29 YEARS, R/O. D.NO. 2-15-14, KARU VANI STREET, ALCOTT GARDENS, RAJAHMUNDRY URBAN, EAST GODAVARI DISTRICT, ANDHRA PRADESH -533101. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, THROUGH STATION HOUSE OFFICER, II TOWN RAJAMAHENDRAVARAM P.S, EAST GODAVARI DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF A.P 2. KETHA SIVA NARAYANA, S/O. NARASIMHA RAO, AGED 38 YEARS, R/O. D.NO. 2-25-11/1, KETHAVARI STREET, AC GARDENS, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT, ANDHRA PRADESH - 533101 ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused(S): 2 1. DUGGIRALA SUBASH 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 to 4, to quash the proceedings in Crime No.267 of 2025 of Rajahmundry II Town Police Station, East Godavari District, registered for the offences punishable under Sections 127(2), 115(2) and 351(2) read with 3(5) of BNS. 2. Heard Sri D.Subash, learned counsel for the petitioners and Ms.Priyanka Lakshmi, learned Assistant Public Prosecutor representing the respondent/State. 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. 1 (2014) 8 SCC 273 3 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 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.13105 of 2025 Dt.30.12.2025 Asr