% / APHC010521512025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI ■■ ■■ €S 4 BS o U THURSDAY, THE NINTH DAY OF OCTOBER vvi' TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI CRIMINAL PETITION NO: 10446 OF 209.*; PRATAPA Between: Gudavalli Moses Kumar, S/o. Venkata Ratnam,, R/o. D.No. 19-2-1/B, Police Line Street, Bank Peta Aged About; 48 Years, , Kakinada ...Petitioners/Accused No.1 AND 1. The State of Andhra Pradesh, Represented High Court of Andhra Pradesh At Amaravati. by its Public Prosecutor, ...Respondent 2. J.Swetha, W/o. J.Prasadarao, Aged About 38 Employee, Kurnool Town, Kurnool. Andhra Pradesh. Years, Occupation: Bank ...Respondent/Defacto Complainant Petition filed under Section 528 of BNSS and Section 482 of Cr.P.C., praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the Crime No. 361 f 0 of 2025 dated 19.08.2025 on the file of the Kurnool III Town Police Station against the petitioner/Accused No.1 herein. lA 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 to stay all proceedings against the petitioner herein i.e. Accused No. 1 in Crime No. 361 of 2025 dated 19.08.2025 on the file of the Kurnool III Town Police Station against the petitioner/Accused No.1. Counsel for the Petitioner: Sri M.Sri Atchyut Counsel for the Respondents: The Public Prosecutor The Court made the following order: APHC01052151202S IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] r. 03^ THURSDAY, THE NINTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10446/2025 Between: 1.GUDAVALLI MOSES KUMAR, S/0 VENKATA RATNAM,AGED ABOUT 48 YEARS, R/0 D. NO. 19-2-1/B,POLICE LINE STREET, BANK PETA, KAKINADA ...PETITIONER/ACCUSED AND [, 1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PUBLIC PROSECUTOR,HIGH COURT OF ANDHRA PRADESH AT AMARAVATI. 2.JSWETHA, W/0. J.PRASADARAO,AGED ABOUT 38 YEARS, OCCUPATION BANK EMPLOYEEKURNOOL TOWN, KURNOOL, ANDHRA PRADESH. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1.MSRI ATCHYUT 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.361 of 2025 of Kurnool III Town Police Station, Kurnool District, registered for the offences punishable under Sections 308(3), 78(1 )(i) of BNS. I I I Heard Sri M.Sri Atchyut, learned counsel for the petitioner and Ms.Priyanka Lakshmi, learned Assistant Public Prosecutor representing the respondent/state. 2. \ / 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 Bihar\ 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. 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. 3. \ 4. 5. 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). 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. Accordingly, the Criminal Petition is disposed of. Pending applications, if any, shall stands closed. 6. 7. N T (2014) 8 see 273 Sd/- K J RAJA BABU ASSISTANT REGISTRAR //TRUE COPYII SEeTION OFFieER > 1. The Station House Officer, Kurnool III Town Police Station, Kurnool District. 2. One CC to Sri M.Sri Atchyut, Advocate [OPUC] 3. Two CC’s to the Public Prosecutor, High Court of A.P. [OUT] 4. Three CD Copies To GPC sree / \ V \ HIGH COURT DATED: 09/10/2025 \\ \ ORDER CRLP NO. 10446 OF 2025 DISPOSING OF THIS CRIMINAL PETITION h i