APHC010645912025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 12420/2025 Between: 1. EDA SAMUEL REDDY, S/O LAKSHMAN REDDY, AGED ABOUT 55 YEARS, R/O. D.NO. 8-15-60/A, 1 LINE, VENKATESWARA NAGAR, GUNTUR CITY, GUNTUR, ANDHRA PRADESH - 522001. 2. VADDURI BHAVANI, W/O. V.V SATYANARAYANAAGED ABOUT 37 YEARS, R/O. D. NO. 12-7-121, GNANESWARA RAO STREET, KOTHAPET, GUNTUR CITY AND DISTRICT-522001. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PUBLIC PROSECUTOR, STATE OF ANDHRA PRADESH, HIGH COURT OF ANDHRA PRADESH AT AMARAVATI 2. DAMMALAPATI NAVEEN REDDY, S/O NOT KNOWN, OCC BUSINESS, PROPRIETOR OF LEELAVATHI JEWELERS, ADDRESS 4TH LINE, ARUNDALPET, GUNTUR CITY AND DISTRICT. ...RESPONDENT/COMPLAINANT(S): 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 Court pleased to Quash the proceedings against the petitioners/A2 and A3 in connection with FIR. No. 497 of 2025 on the file of Arundalpet PS, Guntur, IA NO: 1 OF 2025 2 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 to dispense with filing of the original certified copy of FIR. No. 497 of 2025 on the file of Arundalpet PS, Guntur, before this Hon'ble Court 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 to Stay of all further proceedings against the petitioners/ A2 and A3 in connection with FIR. No. 497 of 2025 on the file of Arundalpet PS, Guntur,, pending disposal of the Criminal Petition before this Hon'ble Court Counsel for the Petitioner/accused(S): 1. RAVI CHANDAVARAPU Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 12420/2025 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 Petitioners/Accused Nos.2 and 3, seeking quashment of the proceedings pending against him in FIR No.497 of 2025 on the file of Arundalpet Police Station, Guntur, registered for the offences punishable under Sections 318(4), 351(2) r/w 3(5) BNS. 2. Heard Sri Ravi Chandavarapu, learned counsel for the Petitioners and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the 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. 1 (2014) 8 SCC 273 4 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 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 petitioners are at liberty to challenge the charge sheet, if they feel aggrieved by the same. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 01.12.2025 SNI 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 12420/2025 Dated.01.12.2025 SNI 64