APHC010271452026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] MONDAY,THE FIFTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 4355/2026 Between: 1. MADDALI RAVI TEJA, S/O. M. SOMASEKHARA RAO,AGED ABOUT 33 YEARS, OCC EMPLOYEE,R/O. PRESENTLY RESIDING AT 3814, LEAVENWORTH STREET,REP. BY HIS GPA HOLDER MADDALI VENKATA SEETHA KUMARI, APT 225, OMAHA, NEBRASKA - 68105. 2. MADDALI SEETHA KUMARI ALIAS VENKATA SEETHA KUMARI, , W/O. MADDALI SOMASEKHARA RAO,AGED ABOUT 59 YEARS, OCC HOUSEWIFE,R/O. D.NO. 41-18-31, TIRUMALA RAO STREET,KRISHNA LANKA, VIJAYAWADA URBAN, A.P. 3. MADDALI SOMASEKHARA RAO, ,S/O. MADDALI SUBRAHMANYAM, AGED ABOUT 61 YEARS,OCC BUSINESS, R/O. D.NO. 41-18- 31,TIRUMALA RAO STREET, KRISHNA LANKA,VIJAYAWADA URBAN, A.P. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, ., REP. BYITS PUBLIC PROSECUTOR,HIGH COURT OF A.P., AT AMARAVATI,FOR SHO, MAHILA POLICE STATION,GUNTUR 2. MADDALI NADENDLA VENKATA GURU SWAPNA, ,W/O. MADDALI RAVI TEJA,R/O. D.NO. 5-62-48/A, S.R. PALACE,2/19 LINE, BRODIPET, GUNTUR - 522002. ...RESPONDENT/COMPLAINANT(S): 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 Courtmay be pleased to call for the records relating 2 to the crime in FIR No. 233 of 2025, registered in Mahila Police Station, Guntur and quash the same and 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 may be pleased to dispense with the filing of certified copy of Crime No. 233 of 2025 of Mahila Police Station, Guntur, 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 may be pleased to grant stay of all further proceedings in crime in FIR No. 233 of 2025, registered in Mahila Police Station, Guntur, pending disposal of the Criminal Petition Counsel for the Petitioner/accused(S): 1. PANDAMANENI SRINIVASA RAO Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: 3 HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO.4355/2026 ORDER: The instant Criminal Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhitha, 2023, to call for the records relating to Crime No.233 of 2025 of Mahila Police Station, Guntur District, and quash the same. 2. Heard learned counsel for the petitioners and learned Assistant Public Prosecutor. Perused the material available on record. 3. 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 procedure as contemplated under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023. 4. On the other hand, Sri Neelothpal Ganji, 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. 5. Since the offences alleged 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 contemplated under Section 35(3) of the 4 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 & Anr.1, which was reiterated in the judgment of the Hon’ble Apex Court in Md.Asfak Alam Vs. State of Jharkhand & Anr2. 6. Accordingly, this Criminal Petition is disposed of. Interlocutory applications, if any, pending shall stand closed. ______________________________ MAHESWARA RAO KUNCHEAM, J Date: 15.06.2026 GVK 1 (2014) 8 SCC 273 2 (2023) 8 SCC 632 5 137 THE HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION No.4355 of 2026 Date: 15.06.2026 GVK