APHC010069822026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY,THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 1182/2026 Between: 1. KAKANI GOVARDHANA REDDY, S/O.RAMANA REDDY,AGED ABOUT 60 YEARS,EX-MLA OF SARVEPALLI ASSEMBLY CONSTITUENCY,RESIDENT OF KOVUR ROAD, NEAR DYCUS ROAD CENTER,NELLORE-524004. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITSPUBLIC PROSECUTOR, HIGH COURT OF A.P., AT AMARAVATI 2. INTHA MALLA REDDY, S/O. KRISHNA REDDY, AGED ABOUT 42 YEARS,OCC POLITICIAN, R/O. VEMAREDDY THOTA,KOTHURU ROAD,KOVUR,SPSR NELLORE DISTRICT-524137. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1. B SESIBUSHAN RAO Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: ORDER: The instant Criminal Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), by the Petitioner / Accused No.1 seeking to quash the proceedings against him in Crime No.34 of 2026 on the file of Kovur Police Station, SPSR Nellore District for the offences under Sections 61(2), 196(1), 72(1) and 352 read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’) and Section 23(1) of 2 Protection of Children from Sexual Offences Act, 2012 (for short ‘POCSO Act’). 2. Sri B.Sesibushan Rao, learned counsel for the Petitioner would submit that the offences alleged against the Petitioner are punishable with less than seven years period of imprisonment and Police may be directed to follow the procedure contemplated under Section 35(3) of BNSS. 3. Sri K.Sandeep, learned Public Prosecutor fairly conceded the same and would submit that a direction may be given to the Police to follow the procedure contemplated under Section 35(3) of BNSS Act since the offences are punishable with an imprisonment of below seven years. 4. Considering the submissions, this Criminal Petition is disposed of with the following; a. Investigating Officer is at liberty to complete the investigation, in accordance with law. b. In the event of any coercive action sought to be taken against the Petitioner, concerned Police Authorities are directed to scrupulously follow the procedure prescribed under Section 35(3) of BNSS and the guidelines laid down by the Hon’ble Supreme Court in Arnesh Kumar v. State of Bihar1, which is reiterated in in Satender Kumar Antil vs. CBI and another2. Pending applications, if any, shall stands closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:12.02.2026 Note: Issue C.C today B/o. Dinesh 1 (2014) 8 SCC 273 2 2026 INSC 115 3 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.1182 of 2026 Dt.12.02.2026 Dinesh