APHC010593562025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE SIXTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 11469/2025 Between: 1. SYED JAHEER, S/O. SYED KHASIM SAB,AGED ABOUT 43 YEARS,OCC CO-OPTED MEMBER OF KADAPA MUNICIPAL CORPORATION,R/O 16/373-5, GHOUSENAGAR, KADAPA TOWN,YSR KADAPA DISTRICT. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP., BY ITS PUBLIC PROSECUTOR,HIGH COURT BUILDINGS, AMARAVATHI. 2. VALASIGANDLA SUBBARAYUDU, S/O CHINNA SUBBARAYUDU,AGED ABOUT NOT KNOWN TO THE PETITIONER,OCC WORKER OF THE TELUGU DESAM PARTYR/O D.NO. 53/175, RAVINDRA NAGAR,KADAPA CITY, YSR KADAPA DISTRICT ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1. V R REDDY KOVVURI 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 Petitioner herein, to quash the proceedings in Crime No.233 of 2025 of Kadapa II Town Police Station, YSR Kadapa District, registered for the offences punishable under Section 3(1)(s) of the SCs and the STs (PoA) Act. 2 2. Heard Sri V.R.Reddy Kovvuri, learned counsel for the petitioner and Ms.Priyanka Lakshmi, learned Assistant Public Prosecutor representing the respondent/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; 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 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 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: 06.11.2025 Asr 4 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.11469 of 2025 Dt.06.11.2025 Asr