APHC010011462026 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) THURSDAY,THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: Between: 1. RADHA KRISHNA ALIAS GOGULA RADHA KRISHNA, S/O GOGULA PEDDANNAAGED ABOUT 45 YEARS,R/O HANUMANNAGAR, ANANTAPUR 2. MOGHAL SAIFULLA BAIG ALIAS SAIPULLA BEAG, S/O MOGHAL RASOOL BAIG AGED ABOUT 52 YEARS,R/O ASHOK NAGAR, NEAR CHURCH ANANTAPUR. 3. SHAIK KHAJAPEERA ALIAS KHAJA, S/O MOULA SABAGED ABOUT 47 YEARS,R/O 9-83,GULJAR PETA, ANANTAPUR 4. ALURU MOHAMMAD ASIF ALIAS AASIF, W/O AAMIR BASHAAGED ABOUT 26 YEARS,R/O 13 5. VADDE MALLE RAMACHANDRA ALIAS R VADDE MALLE PULLANNA AGED ABOUT 56 YEARS,R/O 1 THIRD ROAD, MUTYALAMMA COLONY,ANANTAPURAM. 6. BOYA VINEETH BABU ALIAS VINEETH, S/O NARASIMHULUAGED ABOUT 37 YEARS,R/O 1 ANANTAPUR. 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR HIGH COURT OF ANDHRA PRADESH, AT AMARAVATI.THROUGH SHO, ANANTAPUR II TOWN POLICE IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 173/2026 RADHA KRISHNA ALIAS GOGULA RADHA KRISHNA, S/O GOGULA PEDDANNAAGED ABOUT 45 YEARS,R/O HANUMANNAGAR, MOGHAL SAIFULLA BAIG ALIAS SAIPULLA BEAG, S/O MOGHAL RASOOL BAIG AGED ABOUT 52 YEARS,R/O ASHOK NAGAR, NEAR ANANTAPUR. SHAIK KHAJAPEERA ALIAS KHAJA, S/O MOULA SABAGED ABOUT 83,GULJAR PETA, ANANTAPUR ALURU MOHAMMAD ASIF ALIAS AASIF, W/O AAMIR BASHAAGED ABOUT 26 YEARS,R/O 13-1-556, MG COLONY, ANANTAPUR. VADDE MALLE RAMACHANDRA ALIAS RAMACHANDRA, S/O VADDE MALLE PULLANNA AGED ABOUT 56 YEARS,R/O 1 THIRD ROAD, MUTYALAMMA COLONY,ANANTAPURAM. BOYA VINEETH BABU ALIAS VINEETH, S/O NARASIMHULUAGED ABOUT 37 YEARS,R/O 1-3-524, RANGASWAMI NAGAR ...PETITIONER/ACCUSED(S) AND THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR HIGH COURT OF ANDHRA PRADESH, AT AMARAVATI.THROUGH SHO, ANANTAPUR II TOWN POLICE IN THE HIGH COURT OF ANDHRA PRADESH [3396] THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA RADHA KRISHNA ALIAS GOGULA RADHA KRISHNA, S/O GOGULA PEDDANNAAGED ABOUT 45 YEARS,R/O HANUMANNAGAR, MOGHAL SAIFULLA BAIG ALIAS SAIPULLA BEAG, S/O MOGHAL RASOOL BAIG AGED ABOUT 52 YEARS,R/O ASHOK NAGAR, NEAR SHAIK KHAJAPEERA ALIAS KHAJA, S/O MOULA SABAGED ABOUT ALURU MOHAMMAD ASIF ALIAS AASIF, W/O AAMIR BASHAAGED 556, MG COLONY, ANANTAPUR. AMACHANDRA, S/O VADDE MALLE PULLANNA AGED ABOUT 56 YEARS,R/O 1-185, BOYA VINEETH BABU ALIAS VINEETH, S/O NARASIMHULUAGED 524, RANGASWAMI NAGAR ...PETITIONER/ACCUSED(S) THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR HIGH COURT OF ANDHRA PRADESH, AT AMARAVATI.THROUGH SHO, ANANTAPUR II TOWN POLICE STATION 2. M SREEKANTH, INSPECTOR OF POLICE,ANANTAPUR II TOWN POLICE STATION,ANANTAPUR 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 Courtpleased to quash the Crime No. 278 of 2025 under Sections 126(2), 132, 223, 351(2) r/w 3(5) of BNS. on the file of Anantapur II Town Police Station against the Petitioners herein/Accused 17,18,19,21,22,23 respectively being in abuse of process of law 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 pleased to dispense with filing of the original certified copy of Crime No. 278 of 2025 under Sections 126(2), 132, 223, 351 (2) r/w 3(5) of BNS before this Hon’ble 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 to grant stay all further proceedings in Crime No. 278 of 2025 under Sections 126(2), 132, 223, 351(2) r/w 3(5) of BNS on the file of Anantapur II Town Police Station against the Petitioners herein / Accused 17,18,19,21,22,23 respectively and pass Counsel for the Petitioner/accused(S): 1. MEDAPATI SANTOSH REDDY Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 173/2026 ORDER: The instant Criminal Petition, under Section 528 of B.N.S.S., 2023 (u/s.482 of the Code of Criminal Procedure, 1973) has been filed by the Petitioners/Accused 17,18,19,21,22,23 respectively, seeking quashment of the entire proceedings against them in the Crime No. 278 of 2025 for the offence under Sections 126(2), 132, 223, 351(2) r/w 3(5) of BNS on the file of Anantapur II Town Police Station. 2. Heard Sri Medapati Santosh Reddy, learned counsel for the petitioners and Ms. K.Priyanka Lakshmi learned Assistant Public Prosecutor representing 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 Hon’ble Apex Court in Arnesh Kumar v. State of Bihar1. 4. Learned Assistant Public Prosecutor, on instructions, would submit that the offence registered against the petitioners is punishable with less than seven years period of imprisonment and necessary direction may be given to the concerned Station House Officer. 5. Considering the submissions, this criminal petition is disposed of with the following; 1 (2014) 8 SCC 273 a. Investigating Officer is at liberty to complete the investigation, in accordance with law and file final report upon completing investigation. 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, [41-A Cr.P.C.] and the guidelines laid down by the Hon’ble Supreme Court in Arnesh Kumar’s case (supra). 7. 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. 8. Accordingly, the Criminal Petition is disposed of. Pending applications, if any, shall stands closed. ______________________________________ Dr.VENKATA JYOTHIRMAI PRATAPA,J Date: 08.01.2026 KKV