APHC010538662025 IN THE HIGH COURT OF ANDHRA PRADESH TUESDAY,THE FOURTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10485 OF 2025 Between: 1. Harijana Krishtappa, S/o. H. Chinna Vannurappa, Aged about 46 years, Cultivation, R/o.D.No.3-20, SC Colony, Baginayakana Halli, Rayadurgam Mandal, Anantapur District. 2. H Manjula Mallela Manjulamma, C/o. H Krishtappa,Aged about 42 years, R/o.D.No.3-20, SC Colony,Baginayakana Halli, Rayadurgam Mandal, Anantapur District. 3. R Thippesi Rayampalli Thippeswamy, S/o. R. Thippeswamy, Aged about 27 years, Cultivation, R/o.SC Colony, Rayampalli Village, Baginayakana Halli, Rayadurgam Mandal, Anantapur Dist 4. M Ruthamma, W/o. M. Gopal,Aged about 42 years, R/o. Rayampalli Village, Rayadurgam Mandal,Anantapur District. 5. M Gopal, S/o. M. Chinna Vannurappa, Aged about 50 years, Cultivation,R/o. Rayampalli Village, Rayadurgam Mandal,Anantapur District 6. Madiga Thippeswamy, S/o. M. Thippeswamy, Aged about 35 years, Cultivation, R/o. D.No.3- Anantapur District IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY,THE FOURTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10485 OF 2025 1. Harijana Krishtappa, S/o. H. Chinna Vannurappa, Aged about 46 years, 20, SC Colony, Baginayakana Halli, Rayadurgam Mandal, Anantapur District. 2. H Manjula Mallela Manjulamma, C/o. H Krishtappa,Aged about 42 years, 20, SC Colony,Baginayakana Halli, Rayadurgam Mandal, 3. R Thippesi Rayampalli Thippeswamy, S/o. R. Thippeswamy, Aged about 27 years, Cultivation, R/o.SC Colony, Rayampalli Village, Baginayakana Halli, Rayadurgam Mandal, Anantapur District. 4. M Ruthamma, W/o. M. Gopal,Aged about 42 years, R/o. Rayampalli Village, Rayadurgam Mandal,Anantapur District. 5. M Gopal, S/o. M. Chinna Vannurappa, Aged about 50 years, Cultivation,R/o. Rayampalli Village, Rayadurgam Mandal,Anantapur District Madiga Thippeswamy, S/o. M. Thippeswamy, Aged about 35 years, -20, Rayampalli Village, Rayadurgam Mandal, IN THE HIGH COURT OF ANDHRA PRADESH THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. Harijana Krishtappa, S/o. H. Chinna Vannurappa, Aged about 46 years, 20, SC Colony, Baginayakana Halli, Rayadurgam 2. H Manjula Mallela Manjulamma, C/o. H Krishtappa,Aged about 42 years, 20, SC Colony,Baginayakana Halli, Rayadurgam Mandal, 3. R Thippesi Rayampalli Thippeswamy, S/o. R. Thippeswamy, Aged about 27 years, Cultivation, R/o.SC Colony, Rayampalli Village, Baginayakana Halli, 4. M Ruthamma, W/o. M. Gopal,Aged about 42 years, R/o. Rayampalli 5. M Gopal, S/o. M. Chinna Vannurappa, Aged about 50 years, Cultivation,R/o. Rayampalli Village, Rayadurgam Mandal,Anantapur District Madiga Thippeswamy, S/o. M. Thippeswamy, Aged about 35 years, 20, Rayampalli Village, Rayadurgam Mandal, 7. Harijana Anil, S/o. H. Gopal,Aged about 29 years, Cultivation,R/o.D.No.3, SC Colony, Rayampalli Village, Baginayakana Halli, Rayadurgam Mandal, Anantapur District. 8. M Sunil, S/o. M. Gopal,Aged about 24 years, Cultivation,R/o. Rayampalli Village, Rayadurgam Mandal,Anantapur District 9. Pedda Vannuruswamy, S/o. Harijana Thippeswamy, aged about 38 years, Cultivation, R/o. D.No.3-9, Rayampalli Village, Rayadurgam Mandal, Anantapur District 10. Harijana Parvathi,, W/o. H. Vannuruswamy, Aged about 31 years, Housewife, R/o.D.No.3-9, Rayampalli Village, Baginayakana Halli, Rayadurgam Mandal, Anantapur District. 11. Veerapuram Ramesh, S/o. Harijana Thippeswamy, aged about 35 years, Cultivation, R/o. D.No.1-240, SC Colony, Gummagatta Village, Veerapuram Post,Anantapur District 12. Veerapuram Ramesh, S/o. Harijana Thippeswamy, aged about 35 years,Cultivation, R/o. D.No.1-240, SC Colony,Gummagatta Village, Veerapuram Post,Anantapur District 13. Madiga Sandya, W/o. Harijana Ramesh, Aged about 22 years,Housewife, R/o. D.No.1-240, SC Colony, Gummagatta Village, Veerapuram Post, Anantapur District. 14. Harijana Leelappa, S/o. Harijana Ramadasu, Aged about 44 years, Cultivation, R/o. Rayampalli Village, Rayadurgam Mandal,Anantapur District. 15. Harijana Gangamma, W/o. Harijana Leelappa, Aged about 39 years, Housewife, R/o. D.No.3-18, Rayampalli Village, Rayadurgam Mandal, Anantapur District 16. H Pradeep Rayampalli Pradeep, S/o. R. Leelappa,Aged about 24 years, Cultivation,R/o. D.No.3-18, SC Colony, Rayampalli Village, Rayadurgam Mandal, Anantapur District 17. Harijana Rudranna, S/o. Harijana Thippeswamy, Aged about 40 years, Cultivation, R/o. D.No.3-91, Rayampalli Village, Rayadurgam Mandal, Anantapur District 18. Krushnamma Kistamma, W/o. Harijana Rudranna, Aged about 36 years, Housewife, R/o. D.No.3-91, Rayampalli Village, Rayadurgam Mandal, Anantapur District 19. Harijana Venkatesulu, S/o. Harijana Thippeswamy, Aged about 39 years, Cultivation, R/o.D.No.3-9, SC Colony, Rayampalli Village, Baginayakana Halli, Rayadurgam Mandal, Anantapur District. 20. Ramanjineyulu, S/o. Harijana Durugappa, aged about 41 years, Cultivation, R/o. D.No.3-8, Rayampalli Village, Rayadurgam Mandal, Anantapur District 21. Golla Ramanjineyulu, S/o. Pedda Thimmappa, Aged about 44 years, Cultivation,R/o. D.No.3-86, Rayampalli Village, Baginayakana Halli,Rayadurgam Mandal, Anantapur District ...Petitioners AND 1. The State of Andhra Pradesh, The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court at Nelapadu, Amaravati, through the Station House Officer, Rayadurg P.S., Anantapur District 2. Kaata Sreenivasulu, S/o. Late Venganna, Aged about 50 years, Cultivation, R/o. Rayampalli Village, Rayadurgam Mandal, Anantapur District ...Respondents 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 Courtpleased to quash the proceedings in Crime No. 142 of 2025 dated 12.08.2025, on the file of Rayadurg Police Station, Anantapur District against the petitioners herein 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 pleased to dispense the certified copy of FIR in Crime No. 142 of 2025 dated 12.08.2025, on the file of Rayadurg Police Station, Anantapur District, pending disposal of the criminal petition, IA NO: 2 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 pleased to grant stay of all further proceedings including arrest of the petitioners/Accused No.1-21 in Crime No. 142 of 2025 dated 12.08.2025, on the file of Rayadurg Police Station, Anantapur District, pending disposal of Criminal Petition, Counsel for the Petitioners: K NARSI REDDY Counsel for the Respondents: PUBLIC PROSECUTOR The Court made the following order: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10485 OF 2025 ORDER: The instant Criminal Petition, under Section 528 of B.N.S.S., 2023 (u/s.482 of the Code of Criminal Procedure, 1973) has been filed by the Petitioner/Accused, seeking quashment of the entire proceedings against him in FIR No.142 of 2025, on the file of Rayadurg Police Station, Anantapur District. 2. Heard Sri K.Narsi Reddy, learned counsel for the petitioner and Ms. K.Priyanka Lakshmi learned Assistant Public Prosecutor representing 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 offence registered against the petitioner is 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 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, [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. 7. Accordingly, the Criminal Petition is disposed of. Pending applications, if any, shall stands closed. ______________________________________ Dr.VENKATA JYOTHIRMAI PRATAPA,J Date: 14.10.2025 KKV HON’BLE Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.10485 of 2025 Dt.14.10.2025 KKV