APHC010169052025 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: 3617/2025 Between: M. Purushotham ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused: 1. P NARAHARI BABU Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: 2 CRL.P. No.3617 of 2025 THE HON’BLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.3617 OF 2025 ORDER: 1. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor appearing for the State. 2. The learned counsel for the petitioner submits that the petitioner was arraigned as A.2 in Crime No.50 of 2025 of Hindupur II Town Police Station, Hindupur, Sri Sathya Sai District, registered for the offence under Sections 3 and 4 of the Immoral Traffic (Prevention) Act, 1956. 3. The learned counsel for the petitioner submits that the petitioner is presently working as a police constable and is expecting a promotion. However, the pendency of the present case is adversely affecting his promotional prospects, as his candidature for the same is not being considered. On these grounds, the petitioner seeks quashing Crime No.50 of 2025. 4. The learned counsel further submits that the petitioner was apprehended and produced before the learned Magistrate. However, the learned Magistrate refused to remand the petitioner, observing that the alleged offence was punishable with an imprisonment term of less than seven years. It is contended that, as per Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, the police were obligated to serve notice upon the petitioner instead of arresting him. 3 CRL.P. No.3617 of 2025 5. Considering the submissions of the learned counsel for the petitioner, the Station House Officer, Hindupur II Town Police Station, Hindupur, Sri Sathya Sai District, is directed to follow the procedure as contemplated under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 for the purpose of investigation in connection with Crime No.50 of 2025. This order would not preclude the investigation officer to file a 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