Date of reserved for orders Date of pronouncement Date of uploading APHC010319222026 IN THE HIGH COURT OF ANDHRA PRADESH THURSDAY, THE 25 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 5109/2026 Between: 1. PADALA BHAVANI RAO, D/O VENKATA RAO, ,AGED ABOUT 34 YEARS, R/O. WARD NO CHHATTISGARH STATE 2. VELLEMSHETTY BHAVANI, , 41 YEARS, R/O. 3 LANE,NEHRU NAGAR, WARD NO. 17, RAYAGADA, ORISSA STATE 1. THE STATE OF ANDHRA PRADESH, ,REP. BY THE STATION HOUSE OFFICER,MAHARANIPETA POLICE STATION,VISAKHAPATNAM PROSECUTOR,HIGH COURT OF ANDHRA PRADESH, AMARAVATHI 2. BONDA VARALASKSHMI, W/O PARAMESWARA RAO,AGED 55 YEARS, R/O. FLAT NO.5C, 5 FLOOR, NOWROJI ROADPRAGATHI RESIDENCY, VISAKHAPATNAM CITY AND DISTRICT 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 stay all further proceedings including arrest of the Peti Date of reserved for orders : - : 25.06.2026 : 04.07.2026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE 25th DAY OF JUNE 2026 PRESENT HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 5109/2026 PADALA BHAVANI RAO, D/O VENKATA RAO, ,AGED ABOUT 34 YEARS, R/O. WARD NO-10,KALKAPARA, DONGARGARH, CHHATTISGARH STATE VELLEMSHETTY BHAVANI, , W/O V. SRINIVASA RAO,AGED ABOUT 41 YEARS, R/O. 3 LANE,NEHRU NAGAR, WARD NO. 17, RAYAGADA, ORISSA STATE ...PETITIONER/ACCUSED(S) AND THE STATE OF ANDHRA PRADESH, ,REP. BY THE STATION HOUSE OFFICER,MAHARANIPETA POLICE STATION,VISAKHAPATNAM DISTRICT,REP. BY THE PUBLIC PROSECUTOR,HIGH COURT OF ANDHRA PRADESH, AMARAVATHI BONDA VARALASKSHMI, W/O PARAMESWARA RAO,AGED 55 YEARS, R/O. FLAT NO.5C, 5 FLOOR, NOWROJI ROADPRAGATHI RESIDENCY, VISAKHAPATNAM CITY AND DISTRICT ...RESPONDENT/COMPLAINAN 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 stay all further proceedings including arrest of the Petitioner in Crime No.66/2026 of IN THE HIGH COURT OF ANDHRA PRADESH [3504] HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM PADALA BHAVANI RAO, D/O VENKATA RAO, ,AGED ABOUT 34 10,KALKAPARA, DONGARGARH, W/O V. SRINIVASA RAO,AGED ABOUT 41 YEARS, R/O. 3 LANE,NEHRU NAGAR, WARD NO. 17, ...PETITIONER/ACCUSED(S) THE STATE OF ANDHRA PRADESH, ,REP. BY THE STATION HOUSE OFFICER,MAHARANIPETA POLICE DISTRICT,REP. BY THE PUBLIC PROSECUTOR,HIGH COURT OF ANDHRA PRADESH, AMARAVATHI BONDA VARALASKSHMI, W/O PARAMESWARA RAO,AGED 55 YEARS, R/O. FLAT NO.5C, 5 FLOOR, NOWROJI ROADPRAGATHI ...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 stay all further tioner in Crime No.66/2026 of 2 MRK,J Crl.P.No.5109 of 2026 Maharanipeta Police Station, Visakhapatnam District pending disposal of this Criminal Petition before this Honble Court and pas 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 the filing of the certified copy of the FIR in Crime No.66/2026 of Maharanipeta Police Station, Visakhapatnam District pending disposal of this Criminal Petition before this Hon’ble Court and pass 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 pleased to stay all further proceedings including arrest of the Petitioner in Crime No.66/2026 of Maharanipeta Police Station, Visakhapatnam District pending disposal of this Criminal Petition before this Hon’ble Court and pass Counsel for the Petitioner/accused(S): 1. SODUM ANVESHA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 MRK,J Crl.P.No.5109 of 2026 The Court made the following Order: Instant Criminal Petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhitha, 2023, corresponding with Section 482 of the Code of Criminal Procedure, has been filed on behalf of the petitioners herein (A1 and A2), seeking to quash the FIR in Crime No.66 of 2026 of Maharanipeta Police Station, Visakhapatnam Commissionerate, registered for the offences punishable under Sections 318(4) & 305(a) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023, (for short, ‘the BNS’). 2. Heard Mrs. Sodum Anvesha, learned counsel for the petitioners and Mr. Neelothpal Ganji, learned Assistant Public Prosecutor appearing on behalf of respondent No.1-State. 3. Learned counsel for the petitioners submits that the 1st petitioner herein, who is the daughter in law of the 2nd respondent (complainant), initially initiated criminal proceedings in Crime No.33 of 2025 of Dongargarh Police Station, under Section 85 of the BNS and Sections 3 & 4 of the Dowry Prohibition Act, 1961, against the 2nd respondent and her family members. The 1st petitioner also instituted domestic violence and other criminal proceedings against the 2nd respondent and her family members. During the pendency of the said proceedings, the 2nd respondent herein lodged a complaint, pursuant to which FIR in Crime No.66 of 2026 of Maharanipeta Police Station, Visakhapatnam Commissionerate, was registered on 27.05.2026, for the offences punishable under Sections 318(4) and 305(a) 4 MRK,J Crl.P.No.5109 of 2026 read with Section 3(5) of the BNS, making unfolded allegations against the petitioners herein. 4. During the course of hearing, learned counsel for the petitioners confined her arguments to the extent that the 1st respondent-Police issued a notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘the BNSS’), dated 15.06.2026, to the 1st petitioner, directing her to appear before the concerned Police Station on 22.06.2026. Upon receipt of the said notice, the 1st petitioner submitted a detailed reply on 19.06.2026, stating that, due to ailment (ill-health and viral fever), she would not be in a position to appear before the concerned Police Station on 22.06.2026 and requested that ten days’ time be granted to enable her to appear before the concerned Police Station. 5. It is further contended that, despite being aware of the earlier proceedings, the 1st respondent-Police, at the instance of the 2nd respondent, are allegedly harassing the petitioners in various ways, including threatening to arrest them. 6. Learned counsel for the petitioners placed reliance on the recent judgment of the Hon’ble Supreme Court in Satender Kumar Antil v. Central Bureau of Investigation and another 1, and submitted that the Hon'ble Supreme Court, while examining the scope and ambit of Section 35(3) of the BNSS, categorically held that it is mandatory for the police authorities to strictly comply with the requirements of Section 35(3) of BNSS before taking any coercive action, without any deviation. 1 2026 Supreme (SC) 125 5 MRK,J Crl.P.No.5109 of 2026 7. On the other hand, learned Assistant Public Prosecutor fairly submits that it is true that a Notice under Section 35(3) of BNSS was issued on 15.06.2026. However, considering the ground realities the Police concerned will enlarge the time for a period of another four weeks, so as to facilitate the 1st petitioner herein to submit all the relevant documents, relating to her ailment and he also submits that in the event of receiving the said documents, they will consider the case basing on the ground realities and pragmatically. 8. In view of the above facts and circumstances, the instant Criminal Petition is disposed of, directing the 1st petitioner herein to give a detailed written explanation, along with relevant documents relating to her ailment, to the concerned Police within a period of four weeks from today. On receipt of such explanation, the concerned SHO of Maharanipeta Police Station, Visakhapatnam Commissionerate, is hereby directed to consider the said explanation and pass appropriate orders by following the true letter and spirit of the procedure established under law. Till such time, the respondent/Police are directed not to take any coercive steps in Crime No.66 of 2026 of Maharanipeta Police Station, Visakhapatnam Commissionerate. As a sequel, Interlocutory Applications pending, if any, shall stand closed. ______________________________ MAHESWARA RAO KUNCHEAM, J Dated: 25.06.2026 MDP Whether the order is : Speaking Yes/No / Reasoned Yes/No Reportable Yes/No / Non-Reportable Yes/No