APHC010342272026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE 22nd DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 5519 OF 2026 Between: 1. Sri Chilukuri Sumanth, S/o Ch Satya Srinivas, Aged 33 yrs , R/at Aged 18-103/4 ,Madhuruvada Near Old Registrars Office, Kommadi Junction,Visakhapatnam.530048 2. 2. Sri Chilukuri Santosh, S/o Ch Satya Srinivas, Aged 31 yrs R/at Aged 18-103/4 ,Madhuruvada Near Old Registrars Office, Kommadi Junction,Visakhapatnam.530048 ...Petitioners AND 1. The State of Andhra Pradesh, Through the S.H.O., of Chinna Chowk P.S., Rep., by its Public Prosecutor High Court at Amaravathi. 2. Bhaskar Narasimha Reddy Lekkala, S/o Chandra Mohan Reddy, Aged 50 yrs Flat No.402,Aravindanagar, YSR Kadapa Kadapa District. ...Respondents 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 2 CourtPleased to Quash the Impugned F.I.R.No.111/2026 dt.08- 06- 2026 on the file of Chinna Chowk PS YSR Kadapa against the Petitioners/A2 & A-3 by Allowing the Criminal as 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 STAY of the proceedings in the impugned F.I.R.,F.I.R.No.111/2026 dt.08-06-2026 on the file of Chinna Chowk PS YSR Kadapa as against the Petitioners/A2 & A-3 including by taking Coercive Steps as against the Petitioners pending disposal of the main Criminal Petition in the interest of the justice, 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 dispense with certified copy of F.I.R.NO.111/2026, dated 08-06-2026 on the file of CHINNA CHOWK PS YSR KADAPA before this Hon’ble Court and pass Counsel for the Petitioners: R SIVA SAI SWARUP Counsel for the Respondents: PUBLIC PROSECUTOR 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 5519 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 petitioners herein (A2 & A3), seeking to quash the proceedings in Crime in FIR No.111 of 2026 of Chinna Chowk Police Station, YSR Kadapa District, for the offence punishable under Section 318(4) read with 3(5) of the 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, 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 4 offences alleged are punishable with imprisonment of less than seven years. 4. Despite service of notice, no representation for respondent No.2. 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 Satendar Kumar Antil Vs. Central Bureau of Investigation and Another2. If It is noticed in the course of investigation that the petitioners have committed any offence which is punishable with imprisonment beyond seven years, the investigating officer is at liberty to proceed in accordance with the law. 1 (2014) 8 SCC 273 2 2026 SCC OnLine SC 162 5 7. Accordingly, this Criminal Petition is disposed of. Interlocutory applications, if any, pending shall stand closed. ____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 22.07.2026 PSA 6 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 5519 of 2026 Date: 22.07.2026 PSA