APHC010312872026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] MONDAY, THE 13th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 5023/2026 Between: 1. CHOWDAPPA RAMESH, S/O CHOWDAPPA,AGED 51 YEARS, OCC BUSINESS,R/O D.NO.5-6-29/5, LAKSHMIPURAM,HINDUPUR TOWN AND MANDAL, SRI SATHYA SAI DISTRICT. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR,HIGH COURT AT AMARAVATHI.THROUGH THE SHO, GORANTIA POLICE STATIONGORANTIA, SRI SATHYA SAI DISTRICT-522238. 2. TALARI CHALAPATHI, S/O VENKATARAMANAPPA,AGED 50 YEARS, R/O GUDIPALLI VILLAGE,SOMANDEPALLI MANDAL, SRI SATHYA SAI DISTRICT- 515122. RESPONDENT NOS.3 TO 7 ARE DELETED FROM THE ARRAY OF RESPONDENTS IN THE CRIMINAL PETITION, AS PER THE COURT'S ORDER DATED 29.06.2026 IN CRL.P.NO.5023 OF 2026. ...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 2 pleased to quash the Cr.No.44 of 2026, on the file of the Gorantia Police Station, Gorantia, Sri Sathya Sai District 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 to dispense with the filing of certified copy of FIR in Cr.No.44 of 2026, on the file of the Gorantia Police Station, Gorantia, Sri Sathya Sai District, 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 of all further proceedings in Cr.No.44 of 2026, on the file of the Gorantia Police Station, Gorantia, Sri Sathya Sai District, pending disposal of the above criminal petition including insisting personal appearance before the police authorities or any other coercive steps against the petitioner, and pass Counsel for the Petitioner/accused: 1. N ASWARTHA NARAYANA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 5023 of 2026 The Court made the following Order: Instant 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.44 of 2026 of Gorantla Police Station, Sri Sathya Sai District, registered for the offence punishable under Section 318(4) of the 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 offence 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: 13.07.2026 PSA 1 (2014) 8 SCC 273 2 (2023) 8 SCC 632 5 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 5023 of 2026 Date: 13.07.2026 PSA