K. Muraga Reddy vs State Of Andhra Pradesh & Ors

Dr Venkata Jyothirmai Pratapa, J

The instant Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C)/under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the Petitioner/Accused, seeking quashment of the proceedings pending against him in FIR No.221 of 2025 of Puttur P.S., Tirupati District for the offences punishable under Sections 333, 75(1), 76 of BNSS.

Heard Mrs.Kalla Tulasi Durgamba, learned Counsel for the Petitioner and Mrs.K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State.

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 Bihar (2014) 8 SCC 273.

Learned Assistant Public Prosecutor, on instructions, would submit that the offences registered against the Petitioner are punishable with less than seven years period of imprisonment and necessary direction may be given to the concerned Station House Officer.

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 Petitioner, 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 Hon’ble Supreme Court in Arnesh Kumar’s case (supra).

It goes without saying that, if any charge sheet is filed in the above crime, the Petitioner is at liberty to challenge the charge sheet, if he feels aggrieved by the same.

As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed.