APHC010052442025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3368] WEDNESDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI CRIMINAL PETITION NO: 1123/2025 Between: 1. PAYASAM DHANUNJAYA, S/O CHINN ESWARAIAH AGED 50 YEARS, R/O. D.NO.20/141, RAJAGARI STREET, MULAPETA, NELLORE, SPSR NELLORE DISTRICT. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, THROUGH THE STATION HOUSE OFFICER, DARGAMITTA P.S., REP. BY ITS.. PUBLIC PROSECUTOR, HIGH COURT OF AP, AMARAVATI. 2. D LAZARUS, S/O SANGEETH RAO AGED 57 YEARS, O/O. TAHSILDHAR, NELLORE RURAL MANDAL, NELLORE, SPSR NELLORE DISTRICT. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1. MALIREDDY GOWTHAM Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: 2 THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI CRIMINAL PETITION NO: 1123 of 2025 ORDER: This Criminal Petition is filed by the petitioner/Accused No.2, under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to quash the proceedings in Crime No.14 of 2025 on the file of Dargamitta Police Station, S.P.S.R. Nellore District. 2. Heard Sri M.Gowtham, learned counsel for the petitioner. 3. Learned Additional Public Prosecutor representing the State takes notice for respondent No.1. 4. Learned counsel for the petitioner would submit that the alleged offence registered against the petitioner is under Sections 336(3), 340(2), 49 r/w 3(5) BNS, which are punishable with less than seven years of imprisonment. The only request of the petitioner is that the criminal petition can be disposed of by giving direction to the respondent/police to follow the directions of the Hon’ble Apex Court in Arnesh Kumar Vs. State of Bihar and another. 5. Considering the facts and circumstances of the case, the Respondent/police are directed to follow the procedure as contemplated under Section 35(3) of the Bharatiya Nagarik 3 Suraksha Sanhita, 2023 corresponding to Section 41A Cr.P.C., scrupulously as per the guidelines enunciated in Arnesh Kumar Vs. State of Bihar and another1. 6. Accordingly, the Criminal Petition is disposed of with the above direction. As a sequel, interlocutory applications pending, if any, shall stand closed. _______________________________ JUSTICE B.V.L.N. CHAKRAVARTHI 05.02.2025. Pmk 1 (2014) 8 SCC 273 4 13 THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI CRIMINAL PETITION NO:1123 of 2025 Date: 05.02.2025 Pmk