APHC010317372026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] WEDNESDAY, THE 8th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 5078/2026 Between: 1. PRANEETH KUMAR REDDY, S/O. K.V.RAMESH REDDY,AGED ABOUT 40 YEARS, OEC MANAGING PARTNER, M/S. SIVASAI CONSTRUCTIONS, KUTAGULLA, KADIRI HAVING ITS OFFICE ATKUTUGAULLA VILLAGE, KADIRI MANDAL, SATYA SAI DISTRIET. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY THE PUBLIC PROSECUTORHIGH COURT OF ANDHRA PRADESH, THROUGHSHO, KADIRI TOWN P.S, KADIRI. 2. BANDI HARIPRASAD, S/O.BANDI GANGANNA,AGED ABOUT 44 YEARS, OCC UNKNOWN,R/O.KUTAGULLA VILLAGE, KADIRI MANDAL,SRI SATYA SAI DISTRICT- 515541MOBILE NO.7013722018. ...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 stay all further proceedings in Crime in FIR.No. 143/2026, dated 19.06.2026 on the file of Kadri town police station (hereinafter referred as subject FIR) for offences 2 punishable under Section 196 and 351 (2) of BNS 2023, pending the disposal of the above Criminal Petition 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 filing of the Crime in FIR.No. 143/2026, dated 19.06.2026 on the file of Kadri town police station (hereinafter referred as subject FIR) for offences punishable under Section 196 and 351 (2) of BNS 2023, pending the disposal of the above Criminal Petition 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 may be pleased to stay all further proceedings in Crime in FIR.No. 143/2026, dated 19.06.2026 on the file of Kadri town police station (hereinafter referred as subject FIR) for offences punishable under Section 196 and 351(2) of BNS 2023, pending the disposal of the above Criminal Petition and pass Counsel for the Petitioner/accused: 1. B.ABHAY SIDDHANTH MOOTHA Counsel for the Respondent/complainant(S): 1. P SRAVAN KUMAR REDDY 2. PUBLIC PROSECUTOR 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 5078 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/A1 to quash the proceedings in Crime (FIR) No.143 of 2026 of Kadiri Town Police Station, Sri Satya Sai District, registered for the offences punishable under Sections 196 and 351(2) of Bharatiya Nyaya Sanhitha, 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 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 petitioner for the reason that the offences alleged are punishable with imprisonment of less than seven years. 4 4. Despite of service of notice on respondent No.2, none represented on his behalf. 5. Heard. Perused the entire available material on record. 6. 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. 7. Accordingly, this Criminal Petition is disposed of. Interlocutory applications, if any, pending shall stand closed. ____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 08.07.2026 PSA 1 (2014) 8 SCC 273 2 (2023) 8 SCC 632 5 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 5078 of 2026 Date: 08.07.2026 PSA