APHC010315222026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] THURSDAY, THE 16th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 5041/2026 Between: 1. LAKSHMAMMA, W/O NARAYANAPPA,AGED ABOUT 47 YEARS, OCC HOUSE WIFER/O DADEPALLI VILLAGE, KGF TALUQ,KOLAR DISTRICT, KARNATAKA STATE. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP. BY THE PUBLIC PROSECUTOR,HIGH COURT OF AP, AMARAVATHI. 2. A KANTHAMMA, W/O A. CHANDRASEKHAR,AGE ABOUT 48 YEARS, OCC HOUSE WIFE,R/OD.NO.6-159, 4 CROSS, VINAYAKA NAGAR, V. KOTA TOWN MANDAL,CHITTOOR DISTRICT. ...RESPONDENT/COMPLAINANT(S): 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 2 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: 1. P V VENKATA RAVI SANKAR and Dr. P.B Reddy Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 5041 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.102 of 2026 of Cyber Crime Police Station, NTR Commissionerate, registered for the offences punishable under Sections 318(4) 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, 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 4 offences alleged are punishable with imprisonment of less than seven years. 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: 16.07.2026 PSA 1 (2014) 8 SCC 273 2 (2023) 8 SCC 632 5 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 5041 of 2026 Date: 16.07.2026 PSA