APHC010583862025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 11387/2025 Between: 1. SHAIK ABDUL REHAMAN, S/O. ABDUL SATTAR,AGED 55 YEARS, OCC RIYA MOBILESHOP, R/O.D.NO.7-493-UP, CUMBUM ROAD, MARAKAPUR VILLAGE ANDMANDAL, PRAKASAM DISTRICT. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, THROUGH MARKAPUR TOWN PS, PRAKSAMDISTRICT., REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT AMRAVATI. 2. GOPALUNI VENKATA LAKSHMI BHAVANI, W/O. LATE CHANDRA SEKHAR, AGEDABOUT 52 YEARS, N/O.KOTHAPETA, VINUKONDA TOWN, R/O .YARRAGADDA,HYDERABAD. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1. SAIDULU SHAIK 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/A1, to quash the proceedings in Crime No.169 of 2025 of Markapur Town Police Station, Prakasam District, registered for the offences punishable under Sections 329(3), 324(3), 351(2), 115(2) and 74 read with 3(5) of BNS. 2 2. Heard Sri Saidulu Shaik, 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: 04.11.2025 Asr 4 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.11387 of 2025 Dt.04.11.2025 Asr