Date of pronouncement: 06.07.2026 Date of uploading: APHC010300112026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] MONDAY, THE 6th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 4749/2026 Between: 1. MADHUNALA GOVARDHAN, S/O. LATE DURGAIAH,AGED 50 YEARS, OCC BUSINESS,R/O. 5- 98/RM/34 AND 35/A/I,RAINBOW MEADOWS, AMEENPUR,KISTAREDDYPET, SANGAREDDY DISTRICT. 2. MADHUNALA VISHNUVARDHAN, S/O. LATE DURGAIAH,AGED 45 YEARS, OCC BUSINESS,R/O. 5- 98/RM/34 AND 35/A/I,RAINBOW MEADOWS, AMEENPUR,KISTAREDDYPET, SANGAREDDY DISTRICT. 3. SHAIK ABDUL KHADEER, S/O. SHAIK ABDUL KAREEM,AGED 37 YEARS, OCC BUSINESS,R/O. H. NO. 9-78, SRINIVAS NAGAR COLONY,RAMACHANDRAPURAM, SANGAREDDY DISTRICT. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, ,REP. BY ITS PUBLIC PROSECUTOR,HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI. 2. SRI KANDULA BHANU KIRAN, S/O. K. RAMACHANDRA REDDY,AGED 38 YEARS, OCC BUSINESS,R/O. DOOR NO. 6-11-174, AVILALA, TIRUPATHI RURAL MANDAL,TIRUPATHI DISTRICT, ANDHRA PRADESH. ...RESPONDENT/COMPLAINANT(S): 2 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 Crimin against initiated Proceedings Petitioners/Accused Nos. 1 to 3 in FIR No. 172 of 2026, Dt. 05- 05-2026 on the file of Tirupathi Rural UPS, Tirupathi, registered for offences under Sections 308(2), 351(2) r/w 3(5) of BNS (Corresponding Sec. 383, 506 r/w. 34 I PC) 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 pleased to dispense with in filing of the certified copy of FIR No. 172 of 2026, Dt. 05- 05-2026 on the file of Tirupathi Rural UPS, Tirupathi 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 Petitioners/Accused Nos. 1 to 3 in FIR No. 172 of 2026, Dt. 05- 05-2026 on the file of Tirupathi Rural UPS, Tirupathi pending disposal of the Quash Proceedings and pass Counsel for the Petitioner/accused(S): 1. P PRABHAKARA RAO 2. P PRABHAKAR RAO Counsel for the Respondent/complainant(S): 1. KANDERI CHETHAN 2. PUBLIC PROSECUTOR 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 4749 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 petitioners herein/A1 to A3 to quash the proceedings in Crime (FIR) No.172 of 2026 of Tirupathi Rural UPS, Tirupathi District, registered for the offences punishable under Sections 308(2), 351(2) read with 3(5) of Bharatiya Nyaya Sanhitha, 2023. 2. Learned counsel for the petitioners, after arguing for some time, has confined his argument to the extent of protecting the petitioners 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. 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 petitioners for the reason that the offences alleged are punishable with imprisonment of less than seven years. 4 4. Heard. Perused the entire available material on record. 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 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: 06.07.2026 PSA Whether the Order is: Speaking ✔ Reasoned Reportable Non-reportable ✔ 1 (2014) 8 SCC 273 2 (2023) 8 SCC 632 5 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 4749 of 2026 Date: 06.07.2026 PSA