APHC010682442025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE TWENTY SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 13034/2025 Between: 1. DUNNA MAHESH, S/O FRANSIS, AGED ABOUT 27 YEARS,8-69/36, TALLAYAPALEM, VTC MANDADAM, DISTRICT GUNTUR,ANDHRA PRADESH, PIN 522503. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, ,REP BY ITS PUBLIC PROSECUTORANDHRA PRADESH HIGH COURT BUILDINGS, AMARAVATHI. 2. PULI PADMA RAO, S/O POULU. AGED ABOUT 38 YRS,THULLURU, UDDANDARAYUNIPALEM, GUNTURANDHRA PRADESH ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1. ANKALLA PRUDHVI RAJ Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 2 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 13034/2025 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 FIR No.233 of 2025 of Thulluru P.S., Guntur District registered for the offences punishable under Sections 118(1), 351(2) of BNS. 2. Heard Sri Ankalla Prudhvi Raj, learned Counsel for the Petitioner 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 3 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: 22.12.2025. UPS 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 13034/2025 Dated.22.12.2025 UPS 141