::1:: APHC010325382026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] TUESDAY, THE 14th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 5222/2026 Between: 1. KORADA VENKATA NAGESWARA RAO, S/O. GURUVULU, AGED 50 YEARS,24-24-1B, VIJAYAWADA MUNICIPAL CORPORATIONREVENUE WARD NO.43, VIJAYAWADA, NTR DISTRICT. 2. GOTTIPATI RAMESH, S/O VENKATESWARLU, AGED 35 YEARS. BUSINESS,8/2, SRINIVASRAOPET, GUNTUR, GUNTUR DISTRICT. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITSSHO, SURYARAOPET PS, NTR COMMISSIONERATE,NTR DISTRICT, THROUGH PUBLIC PROSECUTOR,HIGH COURT BLDGS, AMARAVATI, GUNTUR DISTRICT 2. PANDRANKI CHANDRA SEKHAR, S/O APPANNA, D.NO.EWS 81, PAYAKAPURAM,UDA COLONY, RAJEEV NAGAR, VIJAYAWADA, NTR DISTRICT.PH.NO.93481 42474. ...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 Courtpleased to call for the records relating to proceedings in Crime No. 54/2026 before Suryaraopet PS, NTR District for the offences under Sections 329(3), 351 (3), 324(5), 115(2), 79 r/w 3(5) of BNS and quash the same as illegal and to pass ::2:: 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 proceedings in Crime No. 54/2026 before Suryaraopet PS, NTR District for the offences under Sections 329(3), 351 (3), 324(5), 115(2), 79 r/w 3(5) of BNS pending disposal of the above Crl Petition and to 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 Crime No. 54/2026 before Suryaraopet PS, NTR District for the offences under Sections 329(3), 351 (3), 324(5), 115(2), 79 r/w 3(5) of BNS pending disposal of the above Crl Petition and to pass Counsel for the Petitioner/accused(S): 1. A SREEDHAR Counsel for the Respondent/complainant(S): 1. A SREEDHAR Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR ::3:: THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM Crl.P.No.5222 of 2026 The Court made the following order Instant Criminal Petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhitha, 2023 (BNSS), has been filed on behalf of the petitioners herein (A1 and A2), seeking to quash the FIR in Crime No.54 of 2026 on the file of Suryaraopet Police Station, Vijayawada, NTR District, registered for the offences punishable under Sections 329(3), 351(3), 324(5), 115(2) and 79 read with 3(5) of Bharatiya Nyaya Sanhita, 2023 (BNS). 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 BNSS, 2023 3. Learned Assistant Public Prosecutor did not oppose the same and concurred with the submission made by learned counsel for the petitioners for the reason that the offences alleged are punishable with imprisonment of less than seven years. He further asserts that in instant FIR in Crime No.54 of 2026 of Suryaraopet Police Station, Vijayawada, ::4:: NTR District, police served notice under Section 35(3) of BNSS, 2023 on petitioners (A1 and A2). 4. Ms. Tapasvi, learned counsel appearing on behalf of Sri Chalasani Venkat, learned counsel for respondent No.2 reported no objection to dispose of the matter. 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. ______________________________ MAHESWARA RAO KUNCHEAM, J Dated:14.07.2026 krk 1 (2014) 8 SCC 273 2 (2023) 8 SCC 632 ::5:: HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM 118 Crl.P.No.5222 of 2026 DT: 14.07.2026 krk