APHC010056122026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY,THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 852/2026 Between: 1. M N PRASAD MANDAVA NAGABHUSHANA PRASAD, S/O. SIVA RAMA PRASAD, ,AGE 61 YEARS. ADVOCATE, R/O. 29-2170, SIDHARDHA NAGAR, VINUKONDA TOWN AND MANDAL, PALNADU DISTRICT-522647. 2. 2. SRINIVASA REDDY POTHIREDDY SRINIVASULU, S/O. VENKATESWARLU, AGED 48 YEARS. ADVOCATE, R/O. 1-121, POTLAPADU VILLAGE, KURICHEDU MANDAL, PRAKASAM DISTRICT-523304. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT AT AMARAVATHI. 2. 2. R SAMBA SIVA RAO, S/O. NOT KNOWN, AGED 61 YEARS. POLICE CONSTABLE 6909 IPURU POLICE STATION, PALNADU DISTRICT. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused(S): 1. G VENKATA REDDY Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: 2 Order: The Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity, 8the BNSS9), by the petitioners, who are arrayed as Accused Nos.15 and 16, seeking to quash Crime No.29 of 2026 of Vinukonda Police Station, Palnadu District, registered for the offences punishable under Sections 189(2), 126(2), 121(1) read with 190 of BNS against them. 2. Learned counsel for the petitioners, after arguing for some time, confined their argument to the extent that the petitioners seeks protection from the coercive steps from the police on the ground that the offences alleged are punishable with imprisonment of less than seven years and prays this Court to direct the police to follow the procedure as contemplated under Section 41-A of the Code of Criminal Procedure, 1973 (corresponding to Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023). 3. On the other hand, learned Assistant Public Prosecutor, representing the State, opposed the petition vehemently and would submit that the Court may pass appropriate orders. 4. Considering the submission made and on perusal of material on record, since the offences alleged against the petitioners are punishable with imprisonment extending up to maximum five years, this Court directs the police to follow the procedure as contemplated under Section 41A of Cr.P.C. 3 (Section 35 of BNSS, 2023) scrupulously as per the guidelines enunciated in Arnesh Kumar Vs. State of Bihar and another1. 5. With the above direction, the Criminal Petition is disposed of. As a sequel thereto, the miscellaneous petitions pending, if any, shall stand closed. ________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 04.02.2026 ARB 1 (2014) 8 SCC 273 4 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 852 of 2026 Date: 04.02.2026 ARB