APHC010265882026 IN THE HIGH COURT OF ANDHRA PRADESH TUESDAY, TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: Between: 1. RAJEEV MUDILI, SIO RADHA KRISHNA, AGED ABOUT 41 YEARS RESIDENT OF D.NO.5 BHEEMAVARI PETA, NEAR SAI RAM THEATRE VIJAYAWADA AP 520001. 2. M. HIMA BINDU BHAVANI,, YEARS RESIDENT OF D.NO.5 STREET BHEEMAVARI PETA NEAR SAI RAM THEATRE VIJAYAWADA AP. 520001. 1. THE STATE OF ANDHRA PRADESH, THROUGH SHO, NANDIGAMA PS, NTR DISTRICT REPRESENTED BY ITS PUBLIC PROSECUTOR HIGH COURT OF AP, AT AMARAVATHI 2. MUTLO RAMESH, S/O LATE RAMANAIAH, AGED ABOUT 42 YEARS RIO RAITHU PETA, NANDIGAMA TOWN AND MANDAL NTR DISTRICT. Petition under Section 437/438/ praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtpleased to to quash the proceedings in Cr. No. 114 of 2025, U/s.318(4), 351(2), 351(3) of BNS Act of Nandigama NTR District and pass IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 4718/2026 RAJEEV MUDILI, SIO RADHA KRISHNA, AGED ABOUT 41 YEARS RESIDENT OF D.NO.5-6-59/101, TAMMINA KRISHNA STREET BHEEMAVARI PETA, NEAR SAI RAM THEATRE VIJAYAWADA AP M. HIMA BINDU BHAVANI,, W/O RAJIV MUDILI, AGED ABOUT 36 YEARS RESIDENT OF D.NO.5-6-59/101 TAMMINA KRISHNA STREET BHEEMAVARI PETA NEAR SAI RAM THEATRE VIJAYAWADA AP. 520001. ...PETITIONER/ACCUSED(S) AND THE STATE OF ANDHRA PRADESH, THROUGH SHO, NANDIGAMA CT REPRESENTED BY ITS PUBLIC PROSECUTOR HIGH COURT OF AP, AT AMARAVATHI MUTLO RAMESH, S/O LATE RAMANAIAH, AGED ABOUT 42 YEARS RIO RAITHU PETA, NANDIGAMA TOWN AND MANDAL NTR ...RESPONDENT/COMPLAINANT(S): Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtpleased to to quash the proceedings in Cr. No. 114 of 2025, U/s.318(4), 351(2), 351(3) of BNS Act of Nandigama IN THE HIGH COURT OF ANDHRA PRADESH [3504] SIXTEENTH DAY OF JUNE THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM RAJEEV MUDILI, SIO RADHA KRISHNA, AGED ABOUT 41 YEARS 59/101, TAMMINA KRISHNA STREET BHEEMAVARI PETA, NEAR SAI RAM THEATRE VIJAYAWADA AP- W/O RAJIV MUDILI, AGED ABOUT 36 59/101 TAMMINA KRISHNA STREET BHEEMAVARI PETA NEAR SAI RAM THEATRE ...PETITIONER/ACCUSED(S) THE STATE OF ANDHRA PRADESH, THROUGH SHO, NANDIGAMA CT REPRESENTED BY ITS PUBLIC PROSECUTOR MUTLO RAMESH, S/O LATE RAMANAIAH, AGED ABOUT 42 YEARS RIO RAITHU PETA, NANDIGAMA TOWN AND MANDAL NTR ...RESPONDENT/COMPLAINANT(S): 439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtpleased to to quash the proceedings in Cr. No. 114 of 2025, U/s.318(4), 351(2), 351(3) of BNS Act of Nandigama PS, 2 MRK,J Crl.P.No.4718 of 2026 IA NO: 1 OF 2026 Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased pleased to to stay all further proceedings in Cr. No.114of 2025 U/s.318(4), 351(2), 351(3) of BNS Act of Nandigama PS,' NTR District, including the arrest of the petitioner/accused No.1 during the pendency of the Criminal Petition before this Hon’ble Court and pass Counsel for the Petitioner/accused(S): 1. MEDIDA SUBBA RAO Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 MRK,J Crl.P.No.4718 of 2026 The Court made the following Order: This Criminal Petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhitha, 2023 has been filed on behalf of the petitioners herein/A1 and A2 to quash the proceedings in Crime (FIR) No.114 of 2025 of Nandigama Police Station, NTR Commissionerate District, registered for the offences punishable under Sections 318(4), 351(2), 351(3) of Bharatiya Nyaya Sanhita, 2023. 2. Learned counsel for the petitioners, after arguing for some time, has confined his argument to the extent of protecting the petitioners herein from the police on the ground that the offences alleged are punishable with imprisonment of less than seven (07) years and prays this Court to direct the police to follow the procedure as contemplated under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023. 3. On the other hand, Sri Neelothpal Ganji, learned Assistant Public Prosecutor did not oppose the same and concurred with the submission made by the learned counsel for the petitioners for the reason that the offences alleged are punishable with imprisonment of less than seven years. 4. Heard. Perused the entire available material on record. 5. Since the offences alleged are punishable with imprisonment of less than seven years and in view of the no objection expressed by the Assistant 4 MRK,J Crl.P.No.4718 of 2026 Public Prosecutor, this Court directs the respondent/police to follow the procedure as contemplated under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 corresponding to Section 41A Cr.P.C., scrupulously as per the guidelines enunciated in Arnesh Kumar Vs. State of Bihar and another1, which was reiterated in the judgment of the Hon’ble Apex Court in Md.Asfak Alam Vs. State of Jharkhand and Another2. 6. Accordingly, this Criminal Petition is disposed of. As a sequel, Interlocutory Applications pending, if any, shall stand closed. ______________________________ MAHESWARA RAO KUNCHEAM, J Dated: 16.06.2026 MDP 1 (2014) 8 SCC 273 2 (2023) 8 SCC 632