APHC010148172025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY ,THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 3177/2025 Between: Bodi Venkatesh, ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused: 1. Sudharsana Reddy J Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following Order: The petitioner is arrayed as an accused No.1 in FIR No.330 of 2024, on the file of Mylavaram Palem Police Station, NTR Commissionerate, for alleged offence under Sections 353(2), 336(2) BNS, 66 read with 43 read with Section 66-C ITA – 2000 – 2008. 2 2. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor appearing for the State. 3. Though the learned counsel for the petitioner filed this petition seeking the quashing of the FIR, he has, however, restricted the relief to the extent of directing the Investigating Officer to follow the procedure prescribed under Section 35(3) of the BNSS, and the guidelines prescribed by the Apex Court in Arnesh Kumar v. State of Bihar1. 4. The learned Assistant Public Prosecutor stated that he has no objection to give such a direction. 5. The learned counsel for the petitioner further submits that there is no scope for the attraction of the provision of Sections 43 and 66 of the I.D. Act, as there is no obscenity even as per the complaint. However, Sections 43 and 66 have been included in the complaint. Be that as it may, this Court is inclined to disposed of the criminal petition by directing the Station House Officer, Mylavaram Palem Police Station, NTR Commissionerate, to follow the procedure as contemplated under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”) in so far as the petitioner is concerned. 6. With the above direction, the Criminal Petition is disposed of. There shall be no order as to costs. 1 (2014) 8 SCC 273 3 7. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ______________________ JUSTICE HARINATH.N BMS