1 HN, J Crl.P.No.3558_2025 APHC010165592025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY ,THE SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 3558/2025 Between: Osuri Devendra Phanikar and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused(S): 1. SRINIVASA RAO NARRA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 2 HN, J Crl.P.No.3558_2025 The Court made the following Order: 1. The petitioners are arraigned as Accused Nos.1 and 2 in Crime No.50 of 2025, on the file of Narsapuram Town Police Station, West Godavari District, for alleged offence under Sections 126(2), 118(1), 351(2) read with 3(5) of the BNSS. 2. Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor. 3. Though the learned counsel for the petitioners filed this petition seeking the quashing of the FIR, they have, 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 Criminal Petition is disposed off by directing the Station House Officer, Narsapuram Town Police Station, West Godavari District, to follow the procedure as contemplated under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”) insofar as the petitioners are concerned. 1 (2014) 8 SCC 273 3 HN, J Crl.P.No.3558_2025 As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date: 02.04.2025 NKA 4 HN, J Crl.P.No.3558_2025 229 HONOURABLE SRI JUSTICE HARINATH.N Criminal Petition No.3558 of 2025 Date: 02.04.2025 NKA