Date of reserved for orders : nil Date of pronouncement : 01.07.2026 Date of uploading : APHC010298342026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] WEDNESDAY, THE 1st DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 4849/2026 Between: 1. KANCHARLLA SIVA NARAYANA REDDY ALIAS SIVA REDDY ALIAS BABU, C/O. KANCHARLLA SUBBA REDDY, AGED 45 YEARS, OCC BUSINESS, R/O. D.NO. L-24X, PANDUVA NAGULA VARAM VILLAGE, VELIGANDIA MANDAL, PRAKASAM DISTRICT -523001 2. KARREDULLA VIJAY KUMAR (G) SUMANTH NAIDU @ DEVARAKONDA RAJU,, S/O. JAIPAL, AGED 43 YEARS, OCC BUSINESS, R/O. D.NO. 10-19-102, NEAR VENKATESWARA SWAMY TEMPLE, KACHERIMITTA, KAVALI, SPSR NELLORE DISTRICT - 524201 ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT AMARAVATI. RESPONDENT 2. TIRUMALASETTY MYTHRESH, S/O. RAMAKRISHNA, AGED 21 YEARS, OCC STUDENT, R/O. D.NO. 1/79, DWARAKA NAGAR, KADAPA CITY, YSR KADAPA DISTRICT. 516003 ...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 2 Criminal Petition, the High CourtPleased to quash the entire proceedings in Crime No.54 of 2026 of Kadapa-I Town UPS Police Station, YSR Kadapa 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 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 Counsel for the Petitioner/accused(S): 1. KISHORE KUMAR KATARI Counsel for the Respondent/complainant(S): 1. SUREPALLI MADHAVA RAO 2. PUBLIC PROSECUTOR The Court made the following: 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 4849/2026 ORDER: The instant criminal petition has been filed under Section 528 of BNSS, seeking to quash the entire proceedings in Crime No.54 of 2026 of Kadapa I Town UPS Police Station, YSR Kadapa District. 2. In terms of the direction of this Court dated 19.06.2026, the learned counsel for the petitioner taken out notice on the 2nd respondent / defacto complainant and filed proof of service. 3. Heard learned counsel for the petitioner and learned Assistant Public Prosecutor. No representation for the 2nd respondent. 4. Learned counsel for the petitioner though raised several grounds, however, confined to the extent of granting benefit of Section 35 (3) BNSS in the instant case, by stating that the respondents police are going beyond the procedure established under Law and they may apply third degree method against the petitioner. 5. On the other hand, learned Assistant Public Prosecutor submits that undisputedly, the offences attributed against the petitioner in FIR are punishable below seven years. 6. Perused the material available on record. 4 7. Having regard to the above facts and circumstances, since the above said offences alleged are punishable with imprisonment of less than seven years, this Court deems it appropriate to dispose of this criminal petition with a direction to the respondent police to follow the procedure prescribed under Section 35(3) BNSS and also the guidelines laid down by the Hon’ble Supreme Court in Arnesh Kumar Vs. State of Bihar1 and Satender Kumar Antil Vs. CBI & Anr.2, without any retraction. 8. In the event of any violation found subsequently, it would be view seriously in view of the above well settled legal principles. 9. Accordingly, the criminal petition is disposed of. 10. There shall be no order as to costs. Miscellaneous petitions, if any, shall stand closed. _______________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 01.07.2026 GVK Whether the order is : Speaking Yes/No / Reasoned Yes/No Reportable Yes/No / Non-Reportable Yes/No 1(2014) 8 SCC 273 2 (2026) SCC OnLine SC 162 5 91 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION No: 4849 of 2026 Date: 01.07.2026 GVK