Contd..2P.. APHC010167962025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY ,THE THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 3606/2025 Between: Mudhavathu Babu Naik and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused(S): 1. SASANKA BHUVANAGIRI Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: -2- CRL.P. No.3606 of 2025 THE HON’BLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.3606 OF 2025 ORDER: 1. Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor appearing for the State. 2. The learned counsel for the petitioners submits that the petitioners were arraigned as A.3 and A.5 in Crime No.61 of 2025 of Maddipadu Police Station, Prakasam District, registered for the alleged offence under Section 303(2) of the Bharatiya Nyaya Sanhita, 2023, on the strength of the complaint of the 2nd respondent. It is alleged in the complaint that 110 liters of diesel worth Rs.11,000/- was stolen by some unknown thieves. 3. The learned counsel for the petitioners submits that the petitioners were implicated in the crime solely based on the confession of A.1 and A.2 and there is no specific allegation against the petitioners. 4. The learned counsel further submits that the offences alleged against the petitioners are punishable below 7 years and, therefore, seeks a direction to the police to follow the procedure provided under Section 35(3) of the BharatiyaNagarikSurakshaSanhita, 2023. 5. Considering the submissions of the learned counsel for the petitioners, the Station House Officer, Maddipadu Police Station, -3- CRL.P. No.3606 of 2025 Prakasam District, is directed to follow the procedure as contemplated under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, insofar as the petitioners is concerned, for the purpose of investigation in connection with Crime No.61 of 2025. This order would not preclude the investigation officer to file charge sheet or final report after completion of the investigation. 6. Accordingly, the criminal petition is disposed off. 7. Miscellaneous petitions, if any, pending in the criminal petition shall stand closed. ____________________ JUSTICE HARINATH. N Dt.03.04.2025 BV