APHC010008082026 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: 114/2026 Between: 1. BODDU NANCHARAO, S/O DANAIAH, AGED ABOUT 35 YEARS, R/O DIBBAPETA, GUNUPUDI VILLAGE, BHIMAVARAM MANDAL, ANDHRA PRADESH - 534201 2. 2. NIMMITI SYAM SUNDARI, (A2), D/O ANANDA RAO, AGED ABOUT 37 YEARS, R/O PRAGATHI TOWERS, BHIMAVARAM-2, WEST GODAVARI, ANDHRA PRADESH-534201 ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF AP, REP.BY S.H.O. BHIMAVARAM I TOWN PS, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT AMARAVATI 2. BODDU DIVYA, DEFACTO COMPLAIANT) W/O BODDU NANCHARAO, AGED ABOUT 32 YEARS, R/O CHINARANGANIPALEM, BHIMAVARAM MANDAL, CHINARANGANIPALEM VILLAGE, ANDHRA PRADESH. - 534204 ...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 proceedings in FIR in Cr. No.205 of 2025, Bhimavaram I Town PS dated 19-09-2025 and to 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 pleased to dispense with the filing of the certified copy of the FIR No. 205 of 2025 Bhimavaram I Town PS and to 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 FIR in Cr. No.205 of 2025, Bhimavaram I Town PS dated 19-09-2025 including arrest of the petitioner/accused No.1 & 2 during the pendency of the Criminal Petition before this Hon9ble Court and to pass Counsel for the Petitioner/accused(S): 1. KODE RAMESH BABU Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 114/2026 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.1 and 2, seeking quashment of the proceedings pending against them in Crime No.205 of 2025 on the file of Bhimavaram I Town Police Station, West Godavari District, registered for the offences punishable under Sections 82 (1), 85 BNS. 2. Heard Sri Kode Ramesh Babu, 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 Petitioners 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