APHC010273762026 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: 4374/2026 Between: 1. M LINKAN KUMAR, S/O M. DARAKONDA,AGED ABOUT 26 YEARS R/O H NO 160, KODADA COLONYTHONDANGI MANDALAM, KAKINADA DISTRICT,ERSTWHILE EAST GODAVARI DISTRICT. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP BY S.H.O, THONDANGI POLICE STATIONTHROUGH PUBLIC PROSECUTOR,HIGH COURT OF A.P. AT AMARAVATHI. 2. BADDI DURGA DEVI, W/O SRINU,AGED ABOUT 26 YEARS, OCC HOME MAKER,R/O VAKADARIPETA VILLAGE, THONDANGI MANDAJKAKINADA DISTRICT ERSTWHILE EAST GODAVARI. ...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 Courtpleased to call for records by quash the proceedings in FIR No 13 of 2026 for the allege offence under section 106(1) of BNS on the file of Thondangi Police station dated 14.01.2026 in so far as against the petitioner is concerned 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 in filing the 2 Xerox copy of FIR No 13 of 2026 for the alleged offence under section 106 (1) of BNS on the file of Thondangi Police station dated 14.01.2026 in view of urgency of the case. Pending disposal of Main case 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 stay of all further proceedings including arrest of the petitioner/Accused in respect of FIR No 13 of 2026 for the alleged offence under section 106 (1) of BNS on the file of Thondangi Police station dated 14.01.2026 in so far as against the petitioner is concerned Pending disposal of Main case Counsel for the Petitioner/accused: 1. TATA SINGAIAH GOUD Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: 3 HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO.4374/2026 ORDER: The instant Criminal Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhitha, 2023, by the petitioner herein to quash the proceedings in FIR No.13 of 2026 of Thondangi Police Station, Kakinada District, registered for the offence punishable under Section 106 (1) of the BNS. 2. Heard. 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 4 procedure as contemplated under contemplated under Section 35(3) of the 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 66 THE HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION No.4374 of 2026 Date: 15.06.2026 GVK