1 APHC010083762021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 1342/2021 Between: 1. KAMTHAL BASHA,, S/O. LATE VANNURU, OCC- PA TO EX.MLA, AGED ABOUT 41 YEARS, R/O. D NO. 11/2/140, SKD NAGAR, ANANTAPURAMU, ANANTAPURAMU DISTRICT. ...PETITIONER/ACCUSED AND 1. STATE OF ANDHRA PRADESH, REPRESENTED THROUGH THE STATION HOUSE OFFICER, BATHALAPALLI POLICE STATION, ANANTAPURAMU DISTRICT. REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, AMARAVATI, GUNTUR DISTRICT. 2. MR M SAGAR BABU, PC NO. 2879, BATHALAPALLI POLICE STATION, ANANTAPURAMU DISTRICT, ...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 Court pleased to quash the Crime No. 8 of 2021 on the file of Bathalapalli Police Station, Anantapuramu District and pass such other order or orders. IA NO: 1 OF 2021 2 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 dispense with the filing of certified copy of FIR in Crime No. 8 of 2020 on the file of Bathalapalli Police Station, Anantapuramu District pending disposal of the Criminal Petition and pass such other order or orders. IA NO: 2 OF 2021 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 grant stay of all further proceedings in Crime No. 8/2021 on the file of Bathalapalli Police Station, Anantapuramu District pending disposal of the Criminal Petition and pass such other order or orders. Counsel for the Petitioner/accused: 1. E ANJANA REDDY Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR (AP) The Court made the following: ORDER: Heard Sri E.Anjana Reddy, learned counsel for the petitioner and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the respondent-State. 2. Learned counsel for the petitioner would submit that the offences are punishable below seven years of imprisonment and a direction may be given to the Police to follow the guidelines issued by Hon’ble Apex Court in Arnesh 3 Kumar v. State of Bihar1, since Section 35(3) of B.N.S.S. is pari materia to Section 41-A of the Code of Criminal Procedure. 3. 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. 4. 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). 5. 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. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 28.07.2025 ARR 1 (2014) 8 SCC 273 4 241 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 1342/2021 Dt. 28.07.2025 ARR