APHC010461152026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] THURSDAY, THE 17th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 7693/2026 Between: 1. KUMBHA GOVINDU ALIAS VAJARAM, S/O. KUMBHA SOMAYYA,AGED ABOUT 40 YEARS,D.NO. 16-32, RAMAKRISHNA COLONY,OLD GOWTHAM SCHOOL ROAD,MYLAVARAM, KRISHNA DISTRICT,ANDHRA PRADESH - 521230. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR,HIGH COURT OF ANDHRA PRADESH,AMARAVATI. 2. MOHAMMAD ABBAS, S/O. NADEEM BASHA,AGED ABOUT 21 YEARS,R/O. MYLAVARAM VILLAGE,MYLAVARAM MANDAL, NTR DISTRICT,ANDHRA PRADESH - 521230,BISMILLAH BIRYANI. ...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 call for the records pertaining to Crime No.222 2 of 2026 dated 17.08.2026 on the file of Mylavaram Police Station, NTR District, registered for the offences punishable under Sections 308(2) and 351(2) of the Bharatiya Nyaya Sanhita, 2023, and quash the same insofar as the petitioner is concerned, in exercise of the inherent jurisdiction of this Hon'ble Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and pass 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 stay all further proceedings pursuant to Crime No.222 of 2026 dated 17.08.2026 on the file of Mylavaram Police Station, NTR District, including coercive steps against the petitioner, and pass Counsel for the Petitioner/accused: 1. KAKUMANU JOJI AMRUTHA RAJU Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 7693 of 2026 The Court made the following Order: Instant Criminal Petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhitha, 2023, has been filed on behalf of the petitioner herein (Accused), seeking to quash the proceedings in FIR in Crime No.222 of 2026 of Mylavaram Police Station, NTR Commissionerate District for the offences punishable under Sections 308(2) and 351(2) of the Bharatiya Nyaya Sanhitha, 2023. 2. Learned counsel for the petitioner submits that pursuant to the Order dated 03.09.2026, he has taken notice on respondent No.2 and filed a memo of proof of service to that effect. 3. Despite service of notice, none represented respondent No.2. 4. Learned counsel for the petitioner, after arguing for some time, has confined his argument to the extent of protecting the petitioner 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 4 procedure as contemplated under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023. 5. On the other hand, learned Assistant Public Prosecutor did not oppose the same and concurred with the submission made by the learned counsel for the petitioner for the reason that the offences alleged are punishable with imprisonment of less than seven years. 6. Heard. Perused the entire available material on record. 7. Since the offences alleged in FIR in Crime No. 222 of 2026 of Mylavaram Police Station, NTR Commissionerate District are punishable with imprisonment of less than seven years and in view of the no objection expressed by the Assistant 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 Satendar Kumar Antil vs. Central Bureau of Investigation and Another2 in FIR in 1 (2014) 8 SCC 273 2 2026 SCC OnLine SC 162 5 Crime No. 222 of 2026 of Mylavaram Police Station, NTR Commissionerate District. 8. If it is noticed in the course of investigation that the petitioner has committed any offence which is punishable with imprisonment beyond seven years, the investigating officer is at liberty to proceed in accordance with law. 9. Accordingly, this Criminal Petition is disposed of. Interlocutory applications, if any, pending shall stand closed. ____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 17.09.2026 vnb 6 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 7693 of 2026 Date: 17.09.2026 vnb