1 APHC010191372025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY ,THE TENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4066/2025 Between: Somisetty Subba Rao and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused(S): 1. GANIPAY SUNEEL KUMAR Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: 2 THE HON’BLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.4066 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.4 and A.5 in Crime No.304 of 2019 of Mangalagiri Rural Police Station, Guntur District, registered for the alleged offence under Sections 417, 420 and 468 of the Indian Penal Code, 1860 on the strength of the complaint of the 2nd respondent. 3. The learned counsel for the petitioners submits that the petitioners are in no way connected with the allegations made in the complaint and were falsely implicated in the case. 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 either under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 or under Section 41A of the Code of the Criminal Procedure, 1973. 4. Considering the submissions of the learned counsel for the petitioners, the Station House Officer, Mangalagiri Rural Police Station, Guntur District,is directed to follow the procedure as contemplated under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, or under Section 41A of the Code of the Criminal Procedure, 1973, 3 whichever is applicable insofar as the petitioners are concerned, for the purpose of investigation in connection with Crime No.304 of 2019. This order would not preclude the investigation officer to file charge sheet or final report after completion of the investigation. 5. Accordingly, the criminal petition is disposed off. 6. Miscellaneous petitions, if any, pending in the criminal petition shall stand closed. ____________________ JUSTICE HARINATH.N Dt.10.04.2025 BV