APHC010056302026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY,THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 853/2026 Between: 1. KALLAM HARI KRISHNA REDDY, S/O SEKHAR REDDYAGED ABOUT 29 YEARSRESIDENT OF D. NO. 1-108,KANTHERU VILLAGE GUNTUR - 522508 2. SK NOORI FATHIMA, D/O. SHAIK MOHAMMED MUSTHAFAAGED ABOUT 32 YEARSRESIDENT OF D.NO.8-17-12/4 3RD LINE, MANGALADAS NAGAR GUNTUR - 522001 3. PALLAPU MAHESH, S/O RAMA MURTHYAGED ABOUT 43 YEARSRESIDENT OF D. NO. 24-15-104 LINE, INDIRA GANDHI NAGAR,GUNTUR - 522003. 4. PATHAN SYDA KHAN@ PATAN SAIDAVALI, S/O. PATHAN ANWAR KHANAGED ABOUT 52 YEARSD.NO. 5-60-3/55, 7TH LINE, BACK SIDE OF ESI HOSPITALKOBALD PET, PATTABHIPURAM, GUNTUR. 5. KORITIPATI PREM KUMAR, S/O. SESHUBABU AGED ABOUT 44 YEARSRESIDENT OFD. NO. 24-28-47/C,17/2 INDIRA GANDHI NAGAR, NALLACHERUVU GUNTUR. 6. TALLA SRINIVASA RAO ALIAS ABBULU, S/O VEERAIAHXGED ABOUT 32 YEARSRESIDENT OF D. NO. 1-105YADAVALA BAZAR GORANTLA, GUNTUR - 522034 ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTORHIGH COURT OF ANDHRA PRADESH. 2. THE STATION HOUSE OFFICER, NALLAPADU POLICE STATION GUNTUR DISTRICT. 3. PILLI MANIKYA RAO, AGED ABOUT 50 YEARS,PRESIDENT OF THE GUNTUR DISTRICT TELUGU DESAM PARTY GUNTUR 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 Courtmay be pleased to quash all proceedings against the Petitioners in the above Crime No. 76 of 2026 of Nallapadu Police Station, Guntur District for the offences punishable under Sections 126 (2), 196, 352, 351 (2), 292r/w3(5) of BNS and may pass such other order or orders as this Hon'ble Court deems fit and proper in the interest of justice, Counsel for the Petitioner/accused(S): 1. R YELLA REDDY Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 2 The Court made the following: ORDER: The instant Criminal Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by the Petitioners/Accused, to quash the proceedings against them in Crime No.76 of 2026 of Nallapadu Police Station, Guntur District. When the matter is taken up for hearing, Sri Ponnavolu Sudhakar Reddy, learned Senior Counsel, assisted by Sri R.Yella Reddy, 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. Sri M.Lakshminarayana, learned Public Prosecutor, would submit that the offences registered against the Petitioners are punishable with imprisonment less than seven years and necessary direction may be given to the concerned Station House Officer and appropriate conditions may be imposed. Considering the submissions, the 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, which is pari materia to Section 41-A of the Code of Criminal Procedure, and the guidelines laid down by the Hon’ble 1 (2014) 8 SCC 273 3 Supreme Court in Arnesh Kumar’s case (supra), which was reiterated in the decision of the Hon’ble Supreme Court in Satender Kumar Antil vs. Central Bureau of Investigation and anr2. c. The Petitioner shall not make or publish or disseminate any information, statement, or post whether in print, electronic or social media concerning the present crime. d. The Petitioner shall not indulge in similar nature of the alleged crime. Petitioner is at liberty to file a fresh petition as and when required, if any incriminating material is found against him during investigation. Pending applications, if any, shall stands closed. Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA 05.02.2026 Mjl/* 2. 2026 INSC 115 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No. 853 of 2026 Dt. 05.02.2026 Mjl/*