APHC010491082026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] TUESDAY, THE 29th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 8280/2026 Between: 1. RCP NAGANNA ALIAS DEVARA NAGANNA, S/O.LATE VENKATAPPA,AGED 54 YEARS, OCC RMP DOCTORR/O. 2-205, BALAPPAGARI PALLI, KADIRI, SRI SATHYASAI DISTRICT. ERSTWHILE ANANTAPUR DISTRICT. – 515591 2. DEVARA ARUN KUMAR, S/O.NAGANNA,AGED 28 YEARS, OCC STUDENT,R/O. 2-205, BALAPPAGARI PALLI, KADIRI, SRI SATHYASAI DISTRICT. ERSTWHILE ANANTAPUR DISTRICT. – 515591 3. YADALLA RAJESH KUMAR, S/O.GANGAIA,AGED 28 YEARS, OCC CULTIVATION, R/O. 3- THATIMANUGUNTA, GOWKANAPALLE, SRI SATHYA SAI DISTRICT.ERSTWHILE ANANTAPUR DISTRICT. - 515581 ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR,HIGH COURT OF ANDHRA PRADESH AT AMARAVATI. 2. A MAHAMMAD RAFI, S/O. VANNURAPPA,AGED 52 YEARS, OCC POLICE CONSTABLE,R/O. KADIRI TOWN, SRI SATHYA SAI DISTRICT. 515591. ...RESPONDENT/COMPLAINANT(S): 2 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 to quash the entire proceedings in Crime No. 224 of 2026 of Kadiri Town Police station, Sri Sathya Sai District 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 dispense with filing of certified copy of FIR Dt. 12-09-2026 in crime No. 224 of 2026 of Kadiri Town Police station, Sri Sathya Sai District and to receive the main Criminal petition on file in the interests of justice 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 grant stay of all further proceedings including arrest of the petitioners in crime No. 224 of 2026 of Kadiri Town Police Station Sri Sathya Sai District pending disposal of the main criminal petition Counsel for the Petitioner/accused(S): 1. KISHORE KUMAR KATARI 2. Kishore Kumar Katari Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 8280 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 petitioners herein (A1 to A3), seeking to quash the proceedings in FIR in Crime No.224 of 2026 of Kadiri Town Police Station, Sri Sathya Sai District for the offences punishable under Section 126(1), 308(2), 351(2) read with 3(5) of the Bharatiya Nyaya Sanhitha, 2023 and Section 39 read with 192, 3 read with 181, 130 of the Motor Vehicles Act. 2. Learned counsel for the petitioners submits that pursuant to the Order dated 18.09.2026, 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 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 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 petitioners 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.224 of 2026 of Kadiri Town Police Station, Sri Sathya Sai 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. 224 of 2026 of Kadiri Town Police Station, Sri Sathya Sai District. 8. If it is noticed in the course of investigation that the petitioners have 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: 29.09.2026 RMR 6 114 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 8280 of 2026 Date: 29.09.2026 RMR