Vtt \ I APHC010569372025 IN THE HIGH COURT OF ANDHRA PRADES AT AMARAVATI TUESDAY, THE TWENTY EIGHTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI CRIMINAL PETITION NO: 1nn« nc PRATAPA Between: Chintapalli Durga Rao, S/o. Krishna H.No. 8-28-1, Vizianagaram District, AndhraPradesh aged about 42 years, resident of Dharmapuri Mandal, SC Colony, Thotapalem - 535002. ...Petitioner/Accused No.1 AND 1. The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court Of A.P., Amaravathi, through The Station House Officer, Vizianagaram II own Police Station, Vizianagaram District, Andhra Pradesh 2. Pyla Jyothi, W/o. Late Chanti, Vizianagaram District, Andhra Pradesh. aged about 33 years, R/o. Bobbilli Town ...Respondents praying that in the Petition filed under Section 528 of BNSS, circumstances stated in the Memorandum of Grounds High Court may be pleased to of Criminal Petition, the quash the proceedings in Crime No. 312 of registered by the 2nd respondent for the 2025, dated 21.10.2025, under Sections 126(2), 79 Vizianagaram II Town Police Station offenses on the file of the 74, 351(2) BNS, 2023 p lA NO: 2 OF 2025 Petition filed under Section 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 in Crime No. 312 of 2025, dated 21.10.2025, registered by the 2nd respondent for the offenses under Sections 126(2), 79, 74, 351(2) BNS, 2023, till the disposal of the Main Quash Petition. Counsel for the Petitioner: Sri Jada Sravan Kumar Counsel for the Respondents: The Public Prosecutor The Court made the following order: i- " APHC010569372025 050 0[-^ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY.THE TWENTY EIGHTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 11108/2025 Between: 1.CH1NTAPALL1 DURGA RAO, S/0 KRISHNA, AGED ABOUT 42 YEARS RESIDENT OF H.NO. 8-28-1,SC COLONY, THOTAPALEM, DISTRICT, VIZIANAGARAM DHARMAPURI MANDAL, ANDHRAPRADESH - 535002. ...PETITIONER/ACCUSED AND REP BY ITS PUBLIC 1.THE STATE OF ANDHRA PRADESH PROSECUTOR, HIGHCOURT OF A.P., AMARAVATHI, THROUGH THE STATION HOUSE OFFICER,VIZIANAGARAM II TOWN POLICE STATION, VIZIANAGARAMDISTRICT, ANDHRAPRADESH. 2.PYLA JYOTHI, W/0. LATE CHANTI, AGED ABOUT 33 YEARS, R/O. BOBBINTOWN, VIZIANAGARAM DISTRICT, ANDHRA PRADESH. ...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 Courtmay be pleased to quash the proceedings in Crime No. 312 of 2025, dated 21.10.2025, registered by the 2nd respondent for the offenses under Sections 126(2), 79, 74, 351(2)BNS, 2023 against the petitioners 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 2 High Court may be pleased pleased to dispense with filing of the original certified copy of Crime No. 312 of 2025, dated 21.10.2025 On the file of the Vizianagaram II Town P.S, Vizianagaram District., before this Hon’ble Court and pass lA 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 stay of all further proceedings in Crime No. 312 of 2025, dated 21.10.2025, registered by the 2nd respondent for the offenses under Sections 126(2), 79, 74, 351(2) BNS, 2023, till the disposal of the Main Quash Petition and pass Counsel for the Petitioner/accused: 1. JADA SRAVAN KUMAR Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 11108/2025 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 Petitioner/Accused No.1, seeking quashment of the proceedings pending against him in Crime No.312 of 2025 on the file of Vizianagaram II Town Police Station, Vizianagaram District, registered for the offences punishable under Sections 126(2), 79, 74, 351(2) of BNS. s 2. Heard Sri Jada Sravan Kumar, learned counsel for the Petitioner and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of 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 Bihar\ 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. (2014) 8 see 273 !k\ 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 petitioner, 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). 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 feel aggrieved by the same. As a sequel thereto, miscellaneous petitions pending, if any, shall stand 6. closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Station House Officer, II Town Police Station Vizianagaram, Vizianagaram District. 2. One CC to Sri Jada Sravan Kumar, Advocate [OPUC] 3. Two CC’s to the Public Prosecutor, High Court of A.P. [OUT] 4. Two CD Copies GPC ssb HIGH COURT DATED: 28/10/2025 ORDER CRLP NO. 11108 OF 2025 DISPOSING OF THIS CRIMINAL PETITION