Extracted from the PDF above. The PDF is authoritative.
APHC010004062026
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY,THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 74/2026 Between:
1. B GEETHA, W/O VISHANTLI, AGED 37 YEARS,R/O MADHURAWADA, VISAKHAPATNAM CITY,PIN. 530001. 2. CHINTALA APPALA NARASAMMA, W/O SRINU, AGED 47 YEARS,R/O TALLABURIDI VILLAGE POST,PARVATHIPURAM MANDAL, MANYAM DISTRICT.PIN. 535527. 3. CHINTALA SARASWATHI, W/O ASHOK, AGED 42 YEARS,R/O TALLABURIDI VILLAGE POST,PARVATHIPURAM MANDAL, MANYAM DISTRICT.PIN. 535527. ...PETITIONER/ACCUSED(S) AND
1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT BUILDINGS, AMARAVATI,THROUGH STATION HOUSE OFFICER,MAKKUVA POLICE STATION,PARVATHIPURAM MANDAL. 2. BHUPATHI GAYATHRI, W/O B. SURESH, AGED 25 YEARS,R/O TALLABIIRIDI VILLAGE POST,PARVATHIPURAM MANDAL, MANYAM DISTRICT.PIN. 535527. ...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 CourtPleased to quash the FIR in Crime no. 92 of 2025 dt.22.11.2025 on the file of the Makkuva Police Station, Parvathipuram
registered against the Petitioners/Accuse d No. 4, 6 & 7 herein Under Section 85 of B.N.S and Section 3 & 4 DP Act and pass IA NO: 1 OF 2026 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 may be pleased to dispense with the filing of certified copy of the said FIR in Crime no. 92 of 2025 dt.22.11.2025 on the file of the Makkuva Police Station, Pai-vathipuram and before this Hon9ble Court and pass IA NO: 2 OF 2026 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 all further proceedings including the appearance in FIR in Crime no. 92 of 2025 dt.22.11.2025 on the file of the Makkuva Police Station, Parvathipuram registered
against the Petitioners/Accused No. 4, 6 & 7 herein Under Section 85 of B.N.S and Section 3 & 4 DP Act, pending disposal of the Criminal Petition and pass Counsel for the Petitioner/accused(S):
1. BONU RAMA SHANKAR RAO Counsel for the Respondent/complainant(S):
1.
PUBLIC PROSECUTOR
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 74/2026 The Court made the following Order:
The instant Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 (for short 8Cr.P.C)/under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 8BNSS9) has been filed by the Petitioners/Accused Nos.4, 6 and 7, seeking quashment of the proceedings pending against them in Crime No.92 of 2025 on the file of Makkuva Police Station, Parvathipuram, registered for the offences punishable under Sections 85 of BNS and 3 & 4 of Dowry Prohibition Act. 2. Heard Sri Bonu Rama Shankar Rao, learned Counsel for the Petitioners and Mrs.K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. 3. Learned counsel for the Petitioners would submit that the petition may be disposed of by giving protection to the Petitioner vide guidelines of the Hon9ble Apex Court in Arnesh Kumar v. State of Bihar1. 4. Learned Assistant Public Prosecutor, on instructions, would submit that the offences registered against the Petitioners are punishable with less than seven years period of imprisonment and necessary direction may be given to the concerned Station House Officer. 1 (2014) 8 SCC 273
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 Petitioners, 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 Hon9ble Supreme Court in Arnesh Kumar’s case (supra). 6. It goes without saying that, if any charge sheet is filed in the above crime, the Petitioners are at liberty to challenge the charge sheet, if they feel aggrieved by the same. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:08.01.2026 Ksj