APHC010710622025 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: 13449/2025 Between: 1. BHAGAVATHI MALLIKA, W/O BHAGWATI GANESH, AGED 36 YEARS,R/O GOLLAPUDI, DEVINENI STREET,VIJAYAWADA, NTR DISTRICT, A. P. 2. BHAGWATI GANESH, S/O BHAGWATI AGED 45 YEARS,R/O 19- 57, DIVYA COMPLEX,IBRAHIMPATNAM, VTPS,KRISHNA DISTRICT A. P-521456 ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF A.P. AMARAVATI 2. E KIRAN KUMAR, S/O LATEE. BALAKRISHNAMA NAIDU, AGED ABOUT 42 YEARSR/O D.NO.20-3-129, SIVA JYOTHI NAGAR,TIRUPATI TOWN, TIRUPATI DISTRICT, A.P 517501 ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused(S): 1. TRIVENI REDDY PUJARI Counsel for the Respondent/complainant(S): 1. 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.420 of 2025 of Alipiri Police Station, Tirupathi District, registered for the offences punishable under Sections 318(4) and 319(2) read with 3(5) of BNS. 2 2. Heard Sri P.Triveni Reddy, 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.13449 of 2025 Dt.30.12.2025 Asr