APHC010639292025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] THURSDAY,THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 12385/2025 Between: 1. V ANJANEYULU NAIK, S/O SHRI V. PEERE NAIK, AGED ABOUT 41 YEARS,OCCUPATION VILLAGE SURVEYOR, TADIMARRI,RESIDENT OF DORIGALLU ROAD, MUDIGUBBA V MSRI SATYA SAI DISTRICT, ANDHRA PRADESH. 2. VANKADOTH SHANTHI BAI, W/O SHRI V. ANJANEYULU NAIK,RESIDENT OF DORIGALLU ROAD, MUDIGUBBA V M,SRI SATYA SAI DISTRICT, ANDHRA PRADESH. 3. V BALAJI NAIK, S/O SHRI V. PEERE NAIK, AGED ABOUT 45 YEARS.OCCUPATION DRIVER, FIRE DEPARTMENT,SRI RAM NAGAR COLONY, KURNOOL,KURNOOL DISTRICT, ANDHRA PRADESH. 4. VANKADOTH JAYAMMA, W/O V. BALAJI NAIK, AGED ABOUT 41 YEARS.OCCUPATION HOUSE WIFE,SRI RAM NAGAR COLONY, KURNOOL,KURNOOL DISTRICT, ANDHRA PRADESH. 5. LOKESH C, C.NAGENDRA, AGED ABOUT 25 YEARSD.NO.9-87, NEAR MPD OFFICE,ANAHTAPUR, ANANTAPUR DIST. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, THE CIRCLE INSPECTOR OF POLICE,MUDIGUBBA POLICE STATION,MUDIGUBBA MANDAL, SRI SATYA SAI DISTRICT.REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF AP,HIGH COURT BUILDINGS, AMARAVATHI,FIR/CR.NO. 2 Dr. YLR, J Crl.P.No.12385 of 2025 Dated 22.01.2026 85 OF 2025, MUDIGUBBA POLI 2. N SURYANARAYANA, S/O. N. GANGANNA, AGED ABOUT 52 YEARS,VARTHA VILEKARI, KASTHOORBHAI QUARTERS,MUDIGUBBA VILLAGE AND MANDAL,SRI SATYASAI DISTRICT, A.P. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused(S): P SREE RAMULU NAIDU Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 2. P NARASIMHULU The Court made the following: ORDER: The Criminal Petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (for brevity ‘the Cr.P.C.,’)/Section 528 of the BharatiyaNagarikSurakshaSanhita, 2023 (for brevity ‘the BNSS’)seeking to quash the proceedings against the Petitioners/Accused Nos.1 to 5 in Cr.No.85 of 2025 on the file of the Mudigubba Police Station, Sri Satya Sai District, registered for the alleged offencespunishable under Sections 329(4), 324(4) and 351(2) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for brevity, ‘the BNS’). 2. Heard the learned counsel for the Petitionersand the learned Assistant Public Prosecutor. Perused the record. 3 Dr. YLR, J Crl.P.No.12385 of 2025 Dated 22.01.2026 3. On perusal of the record, the Investigating Officer, in the course of investigation pursuant to the registration of a case in Cr.No.85 of 2025 for the alleged offences punishable under Sections 329(4), 324(4), and 351(2) read with Section 3(5) of ‘the BNS’ at Mudigubba Police Station, issued notice contemplated under Section 35(3) of ‘the BNSS’ to Petitioner Nos.1 to 4/Accused Nos.1 to 4.The learned Assistant Public Prosecutor submits that such notice is yet to be issued to Petitioner No.5/Accused No.5. 4. On further perusal of the record, all the offences alleged are punishable with imprisonment of less than seven years. Petitioner No.5/Accused No.5 is, therefore, also entitled to compliance with the provisions of Section 35(3) of ‘the BNSS’.The investigation is still at a rudimentary stage, and the version of the de-facto complainant cannot be stifled at this juncture. 5. Considering the facts and circumstances of the case, the Investigating Officer is at liberty to issue notice under Section 35(3) of ‘the BNSS’ to Petitioner No.5/Accused No.5. 6. In view of the above observations, the Criminal Petition is disposed of, while granting liberty to the petitioners to challenge the findings or conclusions of the investigation at the appropriate stage. As a sequel, Miscellaneous petitions, if any pending, shall stand closed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 22.01.2026 PRA 4 Dr. YLR, J Crl.P.No.12385 of 2025 Dated 22.01.2026 29 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION No.12385 of 2025 Date:22.01.2026 PRA