APHC010485742026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE 1st DAY OF OCTOBER 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 8206 OF 2026 Between: 1. Syed Harshad Alias Syed Arshad, S/o Syed Abba Miya R/o Orange Apartment, Nandikotkur Road, 0pp. Pullaiah Engineering College, KurnoolKurnool District - 518002 ...Petitioner AND 1. The Public Prosecutor, High Court of State of Andhra Amaravathi, Nelapadu. Guntur District. Pradesh. 2. C Venkateswarlu, S/o Mahanandha Reddy, Aged 62 years, R/o H/o. 8/1178, near RTC Bus stand. Gooty town, Gooty Mandal Anantapur District - 515401 ...Respondents 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. No. 299 of 2023 dated 28.11.2023 registered under Section 420 of IPC and Section 56 of A.P Chit Fund Act 1971, on the file of Gooty police station, Anantapur district, against the petitioner/Accused No. 1 and to 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 to 2 dispense with the filing of Certified Copy of FIR. No. 299/2023 dated 28.11.2023 registered under Sections 420 of IPC and Section 56 of A.P Chit Fund Act 1971, of Gooty police station, Anantapur district, against the petitioner/Accused No. 1 and pass IA NO: 2 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 to stay of all further proceedings in FIR. No. 299/2023 dated 28.11.2023 registered under Sections 420 of IPC and Section 56 of A.P Chit Fund Act 1971, on the file of Gooty police station, Anantapur district, against the petitioner/Accused No. 1 and pass IA NO: 3 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 to condone the delay of 7 days in representing the above E. Filing No. AAP20250001704C2026004 and pass Counsel for the Petitioner: THALLURI NEETU KUMAR Counsel for the Respondents: PUBLIC PROSECUTOR 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 8206 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 (A1), seeking to quash the proceedings in FIR in Crime No.299 of 2023 of Gooty Police Station, Anantapur District for the offences punishable under Section 420 of the Indian Penal Code, 1860 and Section 56 of A.P. Chit Fund Act, 1971. 2. Learned counsel for the petitioner submits that pursuant to the Order dated 16.09.2026, 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.299 of 2023 of Gooty Police Station, Anantapur 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. 1 (2014) 8 SCC 273 5 Central Bureau of Investigation and Another2 in FIR in Crime No.299 of 2023 of Gooty Police Station, Anantapur 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: 01.10.20266 krk 2 2026 SCC OnLine SC 162 6 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM 63 CRIMINAL PETITION NO: 8206 of 2026 Date: 01.10.2026 krk