APHC010058292026 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: 879/2026 Between: 1. KAKANI GOVARDHANA REDDY, S/O.RAMANA REDDY, AGED ABOUT 60 YEARS, EX-MLA OF SARVEPALLI ASSEMBLY CONSTITUENCY, RESIDENT OF PODALAKUR ROAD, NEAR DYCUS ROAD CENTER, NELLORE-524004. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF A.P., AT AMARAVATI 2. MASTAN BABU TALACHEERU, S/O. LATE VENKAIAH, AGED ABOUT 48 YEARS, OCC POLITICIAN, R/O.NAVURUPALLI VILLAGE, PODALAKUR MANDAL, SPSR NELLORE 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 Please to quash the proceedings against the Petitioner in Crime No. 10 /2026 on the file of the S.H.O., Podalakur P.S., SPSR Nellore District, and pass Counsel for the Petitioner/accused: 1. B SESIBUSHAN RAO 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 Petitioner/Accused No.1, to quash the proceedings against him in Crime No.10 of 2026 of Podalakur Police Station, SPSR Nellore District. When the matter is taken up for hearing, Sri B.Sesibushan Rao, learned counsel for the Petitioner would submit that the petition may be disposed of by giving protection to the Petitioner vide guidelines of the Hon’ble Apex Court in Arnesh Kumar v. State of Bihar1. Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor, would submit that the offences registered against the Petitioner are punishable with imprisonment less than seven years and necessary direction may be given to the concerned Station House Officer. 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 Petitioner, 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 Supreme Court in Arnesh Kumar’s case (supra), which was reiterated in the 1 (2014) 8 SCC 273 3 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. 879 of 2026 Dt. 05.02.2026 Mjl/*