APHC010717442025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY,THE FIFTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 13609/2025 Between: 1. DADA MOINUDDIN SHAIK ALIAS SHAIK DADA MINUDDIN, S/O SHAIK NAZEER AHMAD AGE 31 YEARS, OCC BUSINESSR/O 8-386, MOMINABADGUNTAKAL, ANANTAPUR DISTRICT 2. NAZEER AHMAD SHAIK ALIAS SHAIK NAZEER AHMAD, S/O SHAIK MAHAMMED HANIF AGE 71 YEARS, OCC BUSINESSR/O 8-386, MOMINABADGUNTAKAL, ANANTAPUR DISTRICT ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, BY PUBLIC PROSECUTOR, HIGH COURT OF AP AMARAVATI 2. SIVA REDDY THUMMALANALLAIAHGARI, S/O MALLA REDDYAGE 30 YEARS, MANAGER, NSPR CONSTRUCTION PVT LTDC.BUDDAYAPALLI, CHENNURU MANDAL YSR KADAPA 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 the proceedings in Cr.No.l77 of 2025 on the file of Lingala Police Station, YSR Kadapa District as against the Petitioners/Accused 1, 2 herein and pass such IA NO: 1 OF 2025 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 filing of Certified Copies of Cr.No.l77 of 2025 on the file of Lingala Police Station, YSR Kadapa District and pass such IA NO: 2 OF 2025 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 stay all further the Proceedings in Cr.No.l77 of 2025 on the file of Lingala Police Station, YSR Kadapa District as against the Petitioners/Accused 1, 2 pending disposal of the Quash Petition and pass Counsel for the Petitioner/accused(S): 1. N CHANDRA SEKHAR 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: 13609/2025 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 Petitioner/Accused Nos.1 and 2, seeking quashment of the entire proceedings against them in the Cr.No.l77 of 2025 on the file of Lingala Police Station, YSR Kadapa District. 2. Heard Sri N.Chandra Sekhar 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 petitioner 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: 05.01.2026 KKV HON’BLE Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA 14 CRIMINAL PETITION NO: 13609/2025 Dt. 05.01.2026 KKV HIGH COURT OF ANDHRA PRADESH:: AMARAVATI MAIN CASE NO.: CRIMINAL PETITION NO: 13609/2025 PROCEEDING SHEET Sl. No. Date ORDER OFFICE NOTE 1 05.01.2026 Dr.VJP,J The Criminal Petition is disposed of. (Vide separate order) ________ Dr.VJP, J KKV