APHC010289502026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] TUESDAY, THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 4676/2026 Between: 1. HEENA TABASSUM, WRONGLY MENTION IN FIR AS SHAIK HENA, D/O KARIMULLA, AGED ABOUT 23 YEARS, R/O 13-233, CHANDAMAMA PETA, NANDIGAMA, NTR DISTRICT. 521185 ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, THROUGH STATION HOUSE OFFICER, NANDIGAMA POLICE STATION, NTR DISTRICT REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT AMARAVATI. 2. CHENI LAKSHMI NARAYANA, S/O KOTESWARA RAO, AGED ABOUT 59 YEARS, OCC POLICE OFFICER, NANDIGAMA POLICE SATION, R/O NANDIGAMA, NTR DISTRICT. 521185 ...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 Court pleased to quash the FIR. No.116/2026 on the file of the Nandigama Police Station, NTR Commissionerate 2 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 to dispense with the filing of the certified copy of the FIR and copy of the Complaint in FIR.No.116/2026 on the file of the Nandigama Police Station, NTR Commissionerate 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 to grant stay of all further proceedings in FIR.No.116/2026 on the file of the Nandigama Police Station, NTR Commissionerate Counsel for the Petitioner/accused: 1. VELADI SAI SRI HARSHA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 4676 of 2026 The Court made the following Order: This Criminal Petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhitha, 2023, has been filed on behalf of the petitioner herein/Accused to quash the proceedings in Crime (FIR) No.116 of 2026 of Nandigama Police Station, NTR District, for the offence punishable under Section 281 of Bharatiya Nyaya Sanhita, 2023. 2. 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 offence alleged is 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. 3. 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 offence alleged is punishable with imprisonment of less than seven years. 4. Heard. Perused the entire available material on record. 4 5. Since the offence alleged is 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 Cr.P.C., scrupulously as per the guidelines enunciated in Arnesh Kumar Vs. State of Bihar and another1, which was reiterated in the judgment of the Hon’ble Apex Court in Md.Asfak Alam Vs. State of Jharkhand and Another2. 6. Accordingly, this Criminal Petition is disposed of. Interlocutory applications, if any, pending shall stand closed. ____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 16.06.2026 RMR 1 (2014) 8 SCC 273 2 (2023) 8 SCC 632 5 70 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 4676 of 2026 Date: 16.06.2026 RMR