APHC010692512025 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: 13179/2025 Between: 1. K ARUN KUMAR, S/O.K.P.B.ASHOK KUMAR, AGED ABOUT 34 YEARS, OCC BUSINESS,R/O.D.NO.34-11-32, HOLY CROSS STREET,OPP RAILWAY STATION, GNANAPURAM, VISAKHAPATNAM. 2. RAHUL ALIAS METLA BHARGAV, S/O.NARASIMHA MURTHY,AGED ABOUT 28 YRS, OCC BUSINESS,R/O.PLOT NO.307 REVENUE STREET, BESIDE GANGA RESIDENCY,MITHILAPURI, VUDA COLONY, VISAKHAPATNAM. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY PUBLIC PROSECUTOR,HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI 2. P PYDIYYA, S/O. NOT KNOWN,AGED ABOUT 51 YEARS. INSPECTOR OF POLICEIII TOWN P.S., VISAKHAPATNAM. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused(S): 1. G L NAGESWAR RAO 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.219 of 2025 of III Town Police Station, registered for the offences punishable under Sections 143(3), 144(2) read with 3(5) of BNS and Sections 3(1), 4(1) and 5(1)(a) of PIT Act. 2 2. Heard Sri G.L.Nageswara Rao, 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. 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). 1 (2014) 8 SCC 273 3 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.13179 of 2025 Dt.30.12.2025 Asr