APHC010273272026 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: 4366/2026 Between: 1. ANNURI SYAM, S/O.YESURATNAM,AGED 38 YEARS, OCC CULTIVATIONR/O. 1-97A, VENKATAPALEM VILLAGE,THULLURU MANDAL, GUNTUR DISTRICT. 522503 ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, , REP. BY ITS PUBLIC PROSECUTOR,HIGH COURT OF ANDHRA PRADESH AT AMARAVATI. 2. INAVOLU ISMAYELU, , S/O. NAGABUSHANAM,AGED 72 YEARS, OCC CULTIVATION,R/O. TALLAYAPALEM VILLAGE, THULLURU MANDAL,GUNTUR DISTRICT. 522503 ...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 Courtleased to quash the entire proceedings in Crime No. 245 of 2025 of Thulluru Police Station, Guntur District and to 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 Pleased to dispense with filing of Certified Copy of FIR Dt. 19.12.2025 in Crime No. 245 of 2025 of Thulluru Police Station, Guntur District and to receive the main Criminal Petition on file in the interests of justice and to pass IA NO: 2 OF 2026 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 may be pleased pleased to grant stay of all further proceedings including arrest of the Petitioners in Crime No. 245 of 2025 of Thulluru Police Station, Guntur District, pending disposal of the main Criminal Petition and pass Counsel for the Petitioner/accused: 1. GADE NAGESWARA 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.4366/2026 ORDER: The instant Criminal Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhitha, 2023, to quash the entire proceedings in Crime No.245 of 2025 of Thulluru Police Station, Guntur District. 2. Heard learned counsel for the petitioner and learned Assistant Public Prosecutor. Perused the material available on record. 3. Learned counsel for the petitioner, after arguing for some time, has confined his argument to the extent of protecting the petitioner 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 petitioner 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 Bharatiya Nagarik Suraksha Sanhita, 2023 corresponding to Section 41A 4 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 5 136 THE HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION No.4366 of 2026 Date: 15.06.2026 GVK