APHC010377102025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] SATURDAY, THE 19th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 7738/2025 Between: 1. AIABABU BATHULA, S/O ANKAIAH,AGED ABOUT 40 YEARS, OCC BUSINESS, R/O HARIJANAWADA, EETHAMUKKALA VILLAGE, KOTHAPATNAM MANDAL, PRAKASAM DISTRICT. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, THROUGH SHO, KOTHAPATNAM POLICE STATION, PRAKASAM DISTRICT, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF AP AT AMARAVATI. 2. BRAHMAIAH PERIKALA, S/O JALARAO, AGED ABOUT 35 YEARS, OCC BUSINESS, R/O MADANURU VILLAGE, KOTHAPATNAM MANDAL, PRAKASAM DISTRICT. ...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 QUASH the FIR in Crime No. 39 of 2025 of Kothapatnam Police Station, Prakasam District (on the file of II 2 Additional Metropolitan Magistrate, Ongole) as against Petitioner/Accused No.3, and to pass IA NO: 1 OF 2025 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 DISPENSE WITH the filing of certified copy of FIR in Crime No. 39 of 2025 of Kothapatnam Police Station, Prakasam District (II Additional Metropolitan Magistrate, Ongole), and to pass IA NO: 2 OF 2025 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 including arrest of Petitioner/ Accused No.3 in Crime No. 39 of 2025 of Kothapatnam Police Station, Prakasam District (II Additional Metropolitan Magistrate, Ongole), pending disposal of main Criminal Petition and to pass Counsel for the Petitioner/accused: 1. SREENIVASA RAO VELIVELA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 7738 of 2025 The Court made the following Order: Instant Criminal Petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of the petitioner herein (A3), seeking to quash the proceedings in FIR in Crime No.39 of 2025 of Kothapatnam Police Station, Prakasam District, for the offences punishable under Sections 118(1), 351(3) r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023 2. Ms. Ch.Yamini, learned counsel representing Mr. Sreenivasa Rao Velivela , learned counsel for the petitioner (A3), after arguing for some time, has confined her 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 procedure as contemplated under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023. She further stated that other accused i.e., A1 and A2 in the very same crime preferred Crl.P.No.7576 of 2025 before this Hon’ble Court, which was disposed of by giving protection to them as per 4 guideline laid down by the Hon’ble Supreme Court in Arnesh Kumar vs. State of Bihar and another1, case. 4. 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. 5. Heard. Perused the entire available material on record. 6. Since the offences alleged in FIR in Crime No. 39 of 2025 of Kothapatnam Police Station, Prakasam 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’s case ( referred supra) 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 Crime 1 (2014) 8 SCC 273 2 2026 SCC OnLine SC 162 5 No. 39 of 2025 of Kothapatnam Police Station against the petitioner (A3). 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: 19.09.2026 vnb 6 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 7738 of 2025 Date: 19.09.2026 vnb