1 HIGH COURT OF ANDHRA PRADESH :: AMARAVATI Crl.P.No.10299 of 2025 PROCEEDING SHEET SL . NO DATE ORDER OFFICE NOTE 24.10.25 GTK,J I.A.No.01 of 2025 Heard Sri Thota Ramakoteswara Rao, learned counsel for the Petitioner. On 03.10.2025, this Court passed the following Order: “ Accordingly, the Criminal Petition is disposed of granting liberty to the Petitioners/Accused Nos. 2, 4 and 5 to surrender before the concerned jurisdictional Magistrate within a period of one(1) week from the date of this Order and move appropriate application. The concerned jurisdictional Magistrate is directed to dispose of the bail application filed by the Petitioners/Accused Nos. 2, 4 and 5 within a period of two (02) days on its own merits in accordance with law by giving due opportunity to the learned Assistant Public Prosecutor concerned”. The above paragraph is not ambiguous, and it is very clear that the Accused/Petitioners should make an application within a period of one week, and thereafter the jurisdictional Court to look into and pass appropriate orders within a period of two 2 (02) days as per law. Today, the learned counsel for the Petitioner has moved I.A. No. 01 of 2025 seeking to modify the Order as follows: “ to extend the time of one week in surrendering the Petitioners in Crl.P.No.10299/2025 dated 03.10.2025 by modifying the order “on the same day” instead of “two (02) days.” The offences registered in Crime No. 275 of 2025 on the file of the Urban Police Station, Chilakaluripet are under Section 132 r/w 3 (5) of Bharatiya Nyaya Sanhita, and the punishment under the said Sections is below 7 years. Section 35 (3) and (6) of the Bharatiya Nyaya Sanhita, 2023, reads as under: 35. When police may arrest without warrant: 1)……………………….. 2)………………………. 3) The Police Officer shall, in all cases where the arrest of a person is not required under sub Section (1) issue a Notice directing the person against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence, to appear before him or at such other place as may be specified in the notice. 3 4) Where such a notice is issued to any person, it shall be the duty of that person to comply with the terms of the notice. 5) Where such person complies and continues to comply with the notice, he shall not be arrested in respect of the offence referred to in the notice unless, for reasons to be recorded, the Police Officer is of the opinion that he ought to be arrested. 6) Where such person, at any time, fails to comply with the terms of the notice or is unwilling to identify himself, the Police Officer may, subject to such orders as may have been passed by a competent Court in this behalf, arrest him for the offence mentioned in the Notice.” The Order passed by this Court on 03.10.2025 clearly throws light that the Order was passed based on the request made by the Petitioner and any order now modifying will amount to again issuing fresh orders, contrary to the statute. At this stage, learned counsel for the Petitioner now requested this Court to give liberty to pursue the case by filing another criminal petition afresh by not-pressing the present I.A. No. 01 of 2025, filed for modification. 4 Upon such request, this Court feels it appropriate, in the interest of justice, to grant liberty to the Petitioner to pursue his legal remedies, in accordance with law. Accordingly, I.A.No.01 of 2025 is closed. GTK,J Note: Copy by 27.10.2025. B/o eha 5 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY 6 WRIT PETITION NO: 27713 OF 2025 Dt.10.10.2025 eha